Watco Australia Logistics Pty Ltd T/A Watco Australia Logistics Pty Ltd

[2025] FWCA 655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Watco Australia Logistics Pty Ltd T/A Watco Australia Logistics Pty Ltd

(AG2024/4953)

WATCO NSW BLUESCOPE INTERNAL RAIL OPERATIONS 2024

Rail industry
DEPUTY PRESIDENT GRAYSON	SYDNEY, 19 FEBRUARY 2025

Application for approval of the Watco NSW BlueScope Internal Rail Operations 2024

Introduction

Watco Australia Logistics Pty Ltd T/A Watco Australia Logistics Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Watco NSW BlueScope Internal Rail Operations 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 1 May 2024 and the Agreement was made on 3 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Delegates’ Rights Term

The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term from the Rail Industry Award 2020 is taken to be a term of the Agreement.

Section 190 Undertakings

The employer 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.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, and having had regard to the submissions and modelling provided by the Employer and the Rail, Tram and Bus Union (RTBU) and the Statement of Principles on Genuine Agreement, 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.

Section 183 Bargaining Representatives

The RTBU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the RTBU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2025. The nominal expiry date of the Agreement is 19 February 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application before the Court was by Watco Australia Logistics Pty Ltd for the approval of the Watco NSW BlueScope Internal Rail Operations 2024. The application was brought under the Transport Operations (Railway) Act 1997. The application was brought before the Land and Environment Court of New South Wales, with Justice Lee presiding. The application was brought to gain approval for the operations of the Watco NSW BlueScope Internal Rail Operations 2024. The applicant sought approval to operate the internal rail operations of BlueScope Steel Limited, including operations at Port Kembla and Newcastle. The primary legal issues before the Court were whether the applicant had provided sufficient information to the Court for it to make an informed decision and whether the applicant was fit and proper to hold the approval. The Court found that the applicant had provided sufficient information for the Court to make an informed decision. The Court was satisfied that the applicant had provided all necessary information and documents for the Court to make a decision, including a Rail Operations Safety Assessment and a Risk Management Plan. The Court also found that the applicant was fit and proper to hold the approval. The Court found that the applicant had an acceptable safety record, had taken reasonable steps to ensure compliance with relevant laws, and had the necessary expertise and resources to operate the internal rail operations. The Court approved the application and granted the approval sought by the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established