Tox Free Australia Pty Ltd

[2015] FWCA 2996

[2015] FWCA 2996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tox Free Australia Pty Ltd
(AG2015/2202)

TOX FREE AUSTRALIA - BARROW ISLAND PRODUCTION SITE ENTERPRISE AGREEMENT 2015- 2018

Waste management industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 30 APRIL 2015

Application for approval of the Tox Free Australia - Barrow Island Production Site Enterprise Agreement 2015- 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tox Free Australia - Barrow Island Production Site 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] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Tox Free Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision.

[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 7 May 2015. The nominal expiry date of the Agreement is 3 September 2018.

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ANNEXURE A