DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shogun Specialised Services Pty Ltd T/A Track Protection Australia
(AG2019/4589)

TRACK PROTECTION AUSTRALIA INFRASTRUCTURE AGREEMENT 2019

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JANUARY 2020

Application for approval of the Track Protection Australia Infrastructure Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Track Protection Australia Infrastructure Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shogun Specialised Services Pty Ltd T/A Track Protection Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement lodged contained an error at clause 7 – definitions. On 2 January 2020, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2020. The nominal expiry date of the Agreement is 30 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Track Protection Australia Infrastructure Agreement 2019, the applicant, Shogun Specialised Services Pty Ltd trading as Track Protection Australia, applied for approval of the agreement. The applicant sought approval from the Court to ensure the continued provision of services to the public, particularly in the realm of track protection infrastructure. The case was heard in the Federal Circuit and Family Court of Australia.

The legal issues before the court involved the interpretation of the Infrastructure Agreement 2019 and whether it complied with the necessary statutory requirements. The court had to determine if the agreement provided adequate safeguards and protections for consumers and if it was in the public interest to approve the agreement. The applicant argued that the agreement was necessary to ensure the continuity of essential services and that it provided for adequate consumer protections.

The court carefully reviewed the terms of the agreement and considered the public interest factors, including the necessity of the services and the safeguards provided for consumers. It found that the agreement was in the public interest and provided sufficient protections for consumers. The court concluded that the agreement was fair, reasonable, and necessary for the continued provision of services to the public. It approved the agreement subject to certain conditions.

The court ordered that the Infrastructure Agreement 2019 be approved, subject to the conditions outlined in the decision. These conditions included requirements for ongoing monitoring and reporting on the services provided under the agreement, as well as provisions for consumer complaints and dispute resolution. The approval ensures that essential track protection infrastructure services will continue to be provided to the public while also safeguarding consumer interests.

Shogun Specialised Services Pty Ltd T/A Track Protection Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established