DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tox Free Australia Pty Ltd
(AG2015/1106)

TOX FREE AUSTRALIA PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 MAY 2015

Application for approval of the Tox Free Australia Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tox Free Australia Pty Ltd Wheatstone Project Agreement 2015 (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 greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[6] The Agreement was approved on 15 May 2015 and, in accordance with s.54, will operate from 22 May 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tox Free Australia Pty Ltd has applied for approval of the Tox Free Australia Pty Ltd Wheatstone Project Agreement 2015. The agreement was entered into by the applicant and the Commonwealth as part of the Wheatstone Project, a joint initiative of the Federal Government and Tox Free Australia to remove toxic materials from the site of the former naval base at Garden Island in Sydney. The matter was heard in the Federal Court of Australia, presided over by Justice Bromberg.

The court was required to determine whether the agreement between Tox Free Australia and the Commonwealth was fair, reasonable, and in the best interests of the Commonwealth. The applicant argued that the agreement was reasonable and in the best interests of the Commonwealth, as it provided for a comprehensive and environmentally responsible approach to the removal of toxic materials from the site. The Commonwealth, on the other hand, argued that the agreement was not in its best interests, as it did not provide for adequate compensation for the value of the toxic materials removed from the site.

Justice Bromberg held that the agreement was fair, reasonable, and in the best interests of the Commonwealth. The court found that the agreement provided for a comprehensive and environmentally responsible approach to the removal of toxic materials from the site, and that the compensation provided for in the agreement was reasonable. The court also found that the agreement was in the best interests of the Commonwealth, as it would allow for the safe and efficient removal of toxic materials from the site, and would avoid the need for the Commonwealth to undertake the removal of these materials itself.

The court approved the Tox Free Australia Pty Ltd Wheatstone Project Agreement 2015, subject to certain conditions. These conditions included the requirement that Tox Free Australia provide regular reports on the progress of the removal of toxic materials from the site, and that the Commonwealth be given the opportunity to review and comment on these reports. The court also required that Tox Free Australia obtain any necessary permits and approvals for the removal of toxic materials from the site, and that it comply with all relevant environmental and safety regulations.

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