DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tox Free Australia Pty Ltd
(AG2015/5572)

TOX FREE AUSTRALIA PTY LTD – MID-WEST REGION ENTERPRISE AGREEMENT 2015-2018

Waste management industry
COMMISSIONER ROE	SYDNEY, 8 OCTOBER 2010

Application for approval of the Tox Free Australia Pty Ltd – Mid-West Region Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Tox Free Australia Pty Ltd – Mid-West Region Enterprise Agreement 2015-2018 (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 Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 8 October 2015 and, in accordance with s.54, will operate from 15 October 2015. The nominal expiry date of the Agreement is 8 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tox Free Australia Pty Ltd sought approval of the Tox Free Australia Pty Ltd – Mid-West Region Enterprise Agreement 2015-2018 in the Fair Work Commission. The applicant, an employer, sought approval of an enterprise agreement which it had negotiated with two trade unions. The unions represented employees who were classified as "general employees" under the Fair Work Act 2009. The unions sought minor amendments to the agreement, and the employer opposed those amendments.

The legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act for it to be approved. The Commission noted that the applicant had certified the agreement as a "bargaining agreement" and that it had been registered by the Fair Work Ombudsman. The Commission also noted that it had previously certified the agreement as a "single interest employer agreement" and that the applicant had not appealed that decision. The Commission held that the proposed agreement met the requirements of the Fair Work Act and approved the agreement.

The Fair Work Commission approved the Tox Free Australia Pty Ltd – Mid-West Region Enterprise Agreement 2015-2018 as a registered agreement. The Commission ordered that the agreement be registered in accordance with section 233 of the Fair Work Act. The Commission also ordered that the applicant pay the costs of the application.

Tox Free Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established