Tox Free Australia Pty Ltd

[2016] FWCA 6879

[2016] FWCA 6879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tox Free Australia Pty Ltd
(AG2016/4041)

TOXFREE KARRATHA ENTERPRISE AGREEMENT 2016

Waste management industry
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the Toxfree Karratha Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toxfree Karratha Enterprise Agreement 2016 (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 employees covered by the Agreement are generally better off overall under the Agreement and that the undertakings provided will safeguard employees in the limited circumstances where the reconciliation of an employees’ wage is required. I am also satisfied 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.

[4] The Transport Workers’ Union of Australia 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

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ANNEXURE A