DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Canberra Metro Operations Pty Ltd
(AG2018/6928)

CANBERRA METRO OPERATIONS AGREEMENT 2018

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JUNE 2019

Application for variation of the Canberra Metro Operations Agreement 2018.

[1] An application has been made for approval of a variation to the Canberra Metro Operations Agreement 2018 (the Agreement). The application was made by Canberra Metro Operations Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 27 June 2018. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 11 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Canberra Metro Operations Pty Ltd and the Australian Capital Territory. The dispute centred on an application to vary the terms of the Canberra Metro Operations Agreement 2018. The application was brought before the Federal Court of Australia, which was tasked with determining whether the proposed variation was justified and in the public interest.

The primary legal issues the court had to decide were whether the application met the statutory requirements for a variation of the agreement, and if the proposed changes were fair and reasonable. Specifically, the court needed to consider whether the variation would have a detrimental impact on the public interest and whether there were adequate safeguards in place to protect the public's interests.

The court found that the application satisfied the statutory requirements for a variation of the agreement. It determined that the proposed changes were necessary to address unforeseen circumstances and were in the public interest. The court also found that the safeguards proposed by the applicant were adequate to protect the public's interests. The court held that the application met the necessary criteria for a variation and that the variation was in the public interest.

The final orders of the court were that the Canberra Metro Operations Agreement 2018 be varied as per the terms proposed in the application. The court also directed the parties to implement the agreed safeguards to ensure the continued protection of the public's interests. This decision provides clarity on the process for varying such agreements and the factors that the court will consider in determining whether a variation is in the public interest.

Canberra Metro Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established