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.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Tox Free Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with its employees at the Barrow Island Production Site. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 for the approval of an enterprise agreement. The Fair Work Commission heard the matter and was tasked with determining whether the agreement was sufficiently in the interests of employees and the employer, and whether it complied with the relevant provisions of the Act.

The primary legal issues the Commission needed to resolve were whether the agreement was made in good faith, whether it contained the minimum terms and conditions mandated by the Act, and whether it was fair and reasonable. Additionally, the Commission needed to assess whether the agreement complied with the specific procedural requirements set out in the Act for the approval of enterprise agreements. The parties contested several provisions, particularly those concerning pay rates, shift patterns, and employee entitlements.

The Commission reviewed the evidence presented and the arguments made by both parties. It considered the overall fairness of the agreement, including the extent to which it addressed the needs and interests of both employees and the employer. The Commission found that the agreement, while not perfect, did meet the requirements of the Act. It was determined that the agreement was made in good faith and contained all the necessary minimum terms and conditions. Furthermore, the Commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the bargaining positions of the parties.

The Fair Work Commission approved the Tox Free Australia - Barrow Island Production Site Enterprise Agreement 2015-2018, effective from the date of the decision. The approval was contingent on certain conditions being met, including the provision of written notices to employees. The Commission's decision effectively resolved the dispute, allowing the enterprise agreement to take effect and govern the terms and conditions of employment for the relevant employees.

Tox Free Australia Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established