Tox Free Australia Pty Ltd Summary

[2014] FWCA 6402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tox Free Australia Pty Ltd
(AG2014/8646)

TOX FREE AUSTRALIA PTY LTD - KIMBERLEY - SITE ENTERPRISE AGREEMENT 2014-2017

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the Tox Free Australia Pty Ltd - Kimberley - Site Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Tox Free Australia Pty Ltd - Kimberley - Site Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tox Free Australia Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 10 September 2014 undertakings were provided by Ms C Matambanadzo, HR Officer of the Company, in relation to clause 2.7 (Consultation Regarding Major Workplace Change) and clause 3.11 (Annual Leave) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2014. The nominal expiry date of the Agreement is 11 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tox Free Australia Pty Ltd applied to the Fair Work Commission for approval of the Tox Free Australia Pty Ltd - Kimberley - Site Enterprise Agreement 2014-2017. The applicant, a pest control business, sought to have the agreement, which outlined terms and conditions for its employees in the Kimberley region, approved under the Fair Work Act 2009. The applicant argued that the agreement contained appropriate terms and conditions, and that it had been fairly negotiated.

The legal issues the court had to address were whether the agreement met the requirements of the Fair Work Act 2009, including whether it had been fairly negotiated, and whether it contained appropriate terms and conditions. The court also had to consider whether the agreement met the 'better off overall test', which requires that employees be no worse off financially under the agreement compared to their previous conditions.

The Fair Work Commission held that the agreement had been fairly negotiated and met the requirements of the Fair Work Act 2009. The court found that the agreement contained appropriate terms and conditions and that employees were not worse off financially under the agreement. The Commission approved the agreement, noting that it provided for appropriate protections for employees, including provisions for minimum rates of pay, leave entitlements, and other conditions of employment.

The Fair Work Commission approved the Tox Free Australia Pty Ltd - Kimberley - Site Enterprise Agreement 2014-2017, finding that it met the requirements of the Fair Work Act 2009 and provided appropriate protections for employees. The Commission also found that the agreement had been fairly negotiated and met the 'better off overall test'. The applicant was granted approval for the agreement, which will now be in effect for the duration of the agreement.

Tox Free Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established