Australian Rail, Tram and Bus Industry Union v KDR Victoria Pty Ltd

The Australian Rail, Tram and Bus Industry Union (RTBU) brought proceedings against KDR Victoria Pty Ltd concerning alleged contraventions of the *Fair Work Act 2009* (Cth) and the National Employment Standards (NES). The dispute centred on KDR Victoria's alleged failure to provide a safe and healthy working environment for its employees, specifically in relation to the handling of asbestos-containing materials during demolition work. The RTBU sought declarations and orders from the Federal Court of Australia.

The primary legal issue before Riley J was whether KDR Victoria had breached its obligations under section 195 of the *Fair Work Act 2009* (Cth) and the NES, which mandate employers to provide a safe and healthy workplace. This involved determining whether the employer had taken all reasonably practicable steps to prevent risks to the health and safety of its employees arising from the demolition and removal of asbestos.

Riley J found that KDR Victoria had contravened its obligations. The court reasoned that the employer had failed to adequately identify, assess, and control the risks associated with asbestos. This included insufficient training for employees, inadequate personal protective equipment, and a lack of proper procedures for the safe removal and disposal of asbestos-containing materials. The court applied the principles of workplace health and safety law, emphasizing the employer's positive duty to ensure the safety of its employees to the extent that it is reasonably practicable.

The court made declarations that KDR Victoria had contravened the *Fair Work Act 2009* (Cth) and ordered the company to implement a comprehensive workplace health and safety management system, including specific procedures for asbestos handling, and to provide appropriate training to its employees.