SafeWork SA v Adelaide Mobile Lunch Services Pty Ltd

SafeWork SA brought proceedings against Adelaide Mobile Lunch Services Pty Ltd in the Supreme Court of South Australia. The dispute concerned the interpretation and application of the *Work Health and Safety Act 2012* (SA) (the Act) and its interaction with an enterprise agreement governing the employment of certain workers. Specifically, the proceedings related to the prosecution of Adelaide Mobile Lunch Services Pty Ltd for alleged breaches of its duties under the Act.

The central legal issue before the Full Court was whether the provisions of the *Fair Work Act 2009* (Cth) and a registered enterprise agreement made under that Act displaced or overrode the obligations imposed by the *Work Health and Safety Act 2012* (SA) on the employer. The court was required to determine the extent to which the Commonwealth legislation and the enterprise agreement could operate concurrently with, or otherwise affect, the operation of the South Australian work health and safety legislation.

The Full Court applied a purposive approach to statutory interpretation, considering the objects of both the *Work Health and Safety Act 2012* (SA) and the *Fair Work Act 2009* (Cth). The court reasoned that the *Work Health and Safety Act 2012* (SA) was enacted to provide a comprehensive framework for ensuring work health and safety, and its provisions were intended to apply broadly. The court found that the Commonwealth legislation and the enterprise agreement did not, on their proper construction, exclude or limit the application of the South Australian Act in relation to the matters in question. The court affirmed the principle that general safety legislation is not displaced by industrial instruments unless there is a clear intention to that effect.

The Full Court dismissed the appeal, upholding the primary judge's decision.