DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tox Free Australia Pty Ltd
(AG2015/5570)

TOXFREE AUSTRALIA - RIO TINTO WASTE MANAGEMENT CONTRACT ENTERPRISE AGREEMENT 2015-2018

Waste management industry
COMMISSIONER ROE	SYDNEY, 7 OCTOBER 2015

Application for approval of the Toxfree Australia - Rio Tinto Waste Management Contract Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Toxfree Australia - Rio Tinto Waste Management Contract 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] The Agreement was approved on 7 October 2015 and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 7 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Tox Free Australia Pty Ltd, the applicant, sought approval of the Toxfree Australia - Rio Tinto Waste Management Contract Enterprise Agreement 2015-2018. The respondent, Rio Tinto Iron Ore Pty Ltd, opposed the application on the basis that the agreement had been made without proper consideration of the implications for the employees and the fairness of the terms. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court examined whether the agreement had been made in the course of negotiations in good faith, and whether the agreement contained minimum terms as required by the Fair Work Act. The Commission also assessed whether the agreement provided for the fair and efficient management of workplace relations and whether the process for making the agreement was fair. The applicant argued that the agreement had been negotiated in good faith and contained all the required minimum terms. The respondent argued that the negotiation process had not been conducted in good faith and that the agreement did not adequately protect the employees' interests.

The Fair Work Commission found that the agreement had been made in good faith and contained all the required minimum terms. The Commission held that the negotiation process was fair and that the agreement provided for the efficient management of workplace relations. The Commission approved the Toxfree Australia - Rio Tinto Waste Management Contract Enterprise Agreement 2015-2018. The respondent's application was dismissed with costs.

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