Tox Free Australia Pty Ltd Summary

[2014] FWCA 5755

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tox Free Australia Pty Ltd
(AG2014/6680)

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

Waste management industry
COMMISSIONER RIORDAN	SYDNEY, 21 AUGUST 2014

Application for approval of the Tox Free Australia Pty Ltd - Kwinana 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 - Kwinana Site Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tox Free Australia Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission received correspondence dated 6 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the HR Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 21 August 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

In the matter of Tox Free Australia Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement made between the employer and the employees represented by the United Voice union. The dispute centred on the proposed terms and conditions of employment outlined in the Tox Free Australia Pty Ltd - Kwinana Site Enterprise Agreement 2014 - 2017. The union argued that the agreement fairly reflected the needs of the employees, while the employer raised concerns about the financial implications of the proposed terms.

The legal issues before the Commission included whether the agreement provided for the employees' terms and conditions of employment in a manner that was procedurally and substantively fair. This involved assessing whether the agreement had been made in good faith, whether it included terms that were consistent with the Fair Work Act, and whether it was in the best interests of the employees. The Commission also needed to consider whether the agreement contained provisions that were contrary to public policy or which had been improperly excluded from the bargaining process.

The Fair Work Commission found that the proposed agreement was fair and had been made in good faith. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, leave, and other benefits, which were consistent with the Fair Work Act. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or which had been improperly excluded from the bargaining process. After considering all the evidence and arguments presented, the Commission approved the Tox Free Australia Pty Ltd - Kwinana Site Enterprise Agreement 2014 - 2017. This decision ensures that the employees represented by the United Voice union will benefit from the terms and conditions of employment set out in the agreement, while also protecting the interests of the employer.

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