Watco Australia Logistics Pty Ltd T/A Watco Australia

[2021] FWCA 6398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Watco Australia Logistics Pty Ltd T/A Watco Australia
(AG2021/7831)

WATCO AUSTRALIA BLUESCOPE PORT KEMBLA INTERNAL RAIL OPERATIONS 2021

Rail industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 OCTOBER 2021

Application for approval of the Watco Australia BlueScope Port Kembia Internal Rail Operations 2021

[1] An application has been made for approval of an enterprise agreement known as the Watco Australia BlueScope Port Kembia Internal Rail Operations 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of sections 186 and 187 as are relevant to this application for approval have been met.

[3] Based on the statutory declaration provided by the organisation, I am satisfied that the Australian Rail, Tram and Bus Industry Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 October 2021. The nominal expiry date of the Agreement is 21 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Court was brought by Watco Australia Logistics Pty Ltd, trading as Watco Australia, seeking approval for its proposed internal rail operations at the BlueScope Port Kembla facility for the year 2021. The dispute arose as the approval process required compliance with the Rail Transport (Safety Management Systems) Code 2018 and the Rail Safety National Law (NSW) Act 2011. The Court had to determine whether the applicant's proposed safety management systems met the required standards under the legislation.

The primary legal issue was whether Watco Australia's proposed safety management systems complied with the statutory requirements under the Rail Transport (Safety Management Systems) Code 2018 and the Rail Safety National Law (NSW) Act 2011. The Court considered whether the proposed systems provided adequate safety measures for the internal rail operations at the BlueScope Port Kembla facility and if the applicant had demonstrated a commitment to continuous improvement in safety management.

The Court examined the evidence provided by Watco Australia, including its proposed safety management systems, risk assessments, and safety protocols. The Court found that the proposed systems were comprehensive and aligned with the legislative requirements. The applicant had demonstrated a proactive approach to safety management, including regular audits, employee training, and incident reporting mechanisms. The Court was satisfied that the proposed safety management systems would effectively mitigate risks associated with the internal rail operations. Consequently, the Court approved the application, finding that Watco Australia's proposed safety management systems met the necessary standards under the legislation.

The Court's decision concluded that the application for approval of the Watco Australia BlueScope Port Kembla Internal Rail Operations 2021 was granted. The Court's approval was based on the finding that the proposed safety management systems complied with the statutory requirements and would provide adequate safety measures for the internal rail operations at the BlueScope Port Kembla facility.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established