DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tox Free Australia Pty Ltd
(AG2016/1805)

TOXFREE NSW INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2016 - 2019

Waste management industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 25 JULY 2016

Approval of the Toxfree NSW Industrial Services Enterprise Agreement 2016 - 2019

[1] An application has been made for approval of an enterprise agreement known as the Toxfree NSW Industrial Services Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by Tox Free Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] 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.

[3] The Australian Workers’ Union, 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) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and will operate from 1 August 2016. The nominal expiry date of the Agreement is 1 August 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Tox Free Australia Pty Ltd and the Australian Building and Construction Commission, with the dispute being over the approval of the Toxfree NSW Industrial Services Enterprise Agreement 2016-2019. The matter was heard in the Fair Work Commission. The central issue before the court was whether the enterprise agreement was fair and reasonable, and whether it complied with the Fair Work Act 2009.

The Fair Work Commission considered the nature of the enterprise agreement and the submissions made by both parties. The Commission examined whether the agreement was consistent with the principles of industrial fairness, including whether it provided for equitable terms and conditions, and if it was free from any unfair discrimination. The Commission also assessed whether the agreement was consistent with the broader objectives of the Fair Work Act, including the protection of vulnerable employees and the promotion of good faith bargaining.

After thorough consideration, the Commission found that the Toxfree NSW Industrial Services Enterprise Agreement 2016-2019 was fair and reasonable. The Commission determined that the agreement met the statutory requirements and did not contain any provisions that were contrary to the principles of industrial fairness or the objectives of the Fair Work Act. Consequently, the agreement was approved, and the Commission certified it as an applicable award, effective from the specified date. This decision allowed the terms and conditions of employment set out in the agreement to be enforceable.

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