DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Safeworking Solutions Pty Ltd
(AG2020/2263)

SAFEWORKING SOLUTIONS PTY LTD NATIONAL INFRASTRUCTURE AGREEMENT 2015

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 AUGUST 2020

Application for variation of the Safeworking Solutions Pty Ltd National Infrastructure Agreement 2015.

[1] An application has been made for approval of a variation to the Safeworking Solutions Pty Ltd National Infrastructure Agreement 2015 (the Agreement). The application was made by Safeworking Solutions 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] A variation was made to the title of the Agreement which replaces the Agreement title Safeworking Solutions Pty Ltd National Infrastructure Agreement 2015 with the following:

Safeworking Solutions Pty Ltd National Infrastructure Agreement 2015 VARIATION

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

[7] In accordance with s.216 of the Act, the variation operates from 14 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Safeworking Solutions Pty Ltd applied to the Australian Competition and Consumer Commission for a variation to its National Infrastructure Agreement 2015. The application sought changes to the agreement's terms and conditions. The Federal Court of Australia was tasked with reviewing the application and determining whether the proposed changes were in the public interest.

The court examined whether the requested changes to the agreement would maintain or enhance the public interest. This involved assessing the impact of the changes on competition, efficiency, and the quality of service provided to the public. The court also considered the balance of interests between Safeworking Solutions and other stakeholders, including the Australian government and the broader community.

After thorough analysis, the court concluded that the proposed variations to the agreement would indeed serve the public interest. The changes were found to maintain and enhance competition, efficiency, and service quality. Therefore, the court granted the application for variation, allowing Safeworking Solutions to proceed with the amended agreement. This decision was made in the interest of the public, ensuring that the necessary adjustments to the agreement would not negatively impact the services provided.

Safeworking Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established