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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Tox Free Australia Pty Ltd, an employer, made an application for the approval of the Toxfree Karratha Enterprise Agreement 2016 with the Fair Work Commission. The Fair Work Commission's primary function is to protect employees' rights and ensure fair wages and conditions. The dispute arose as the applicant sought to have the agreement, which had been reached through bargaining, approved by the Commission. This approval is crucial for the agreement to be enforceable.

The central legal issues before the Commission were whether the agreement complied with the relevant statutory requirements and whether it was genuinely negotiated. Key considerations included whether the agreement was in writing, whether it covered the necessary aspects such as wages and hours, and whether it had been genuinely negotiated between the employer and the employees. Furthermore, the Commission had to assess if the agreement met the standards set by the Fair Work Act 2009 and whether it was fair and reasonable.

The Commission carefully reviewed the contents of the agreement and the process by which it was negotiated. It found that the agreement was comprehensive and adequately covered all the necessary terms and conditions of employment. The Commission concluded that the agreement was genuinely negotiated as there was evidence of good faith bargaining between the parties. After thorough deliberation, the Commission determined that the agreement met all statutory requirements and was fair and reasonable. Consequently, the Commission approved the Toxfree Karratha Enterprise Agreement 2016.

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