Tox Free Australia Pty Ltd

[2015] FWCA 2942

[2015] FWCA 2942

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tox Free Australia Pty Ltd
(AG2015/2204)

TOX FREE AUSTRALIA PTY LTD- LTD DARWIN - SITE ENTERPRISE AGREEMENT 2015 -2018

Waste management industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 29 APRIL 2015

Application for approval of the Tox Free Australia Pty Ltd- Ltd Darwin - Site Enterprise Agreement 2015 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Tox Free Australia Pty Ltd- Ltd Darwin - 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 6 May 2015. The nominal expiry date of the Agreement is 28 April 2018.

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ANNEXURE A