DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tox Free Australia Pty Ltd
(AG2014/11020)

TOX FREE AUSTRALIA (MURRIN MURRIN) ENTERPRISE AGREEMENT 2015-2019

Waste management industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 14 APRIL 2015

Application for approval of the Tox Free Australia (Murrin Murrin) Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Tox Free Australia (Murrin Murrin) Enterprise Agreement 2015-2019 (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 are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2015. The nominal expiry date of the Agreement is 14 April 2019.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

Tox Free Australia Pty Ltd, acting on behalf of its employees, applied to the Fair Work Commission for the approval of the Tox Free Australia (Murrin Murrin) Enterprise Agreement 2015-2019. The application was contested by the Australian Manufacturing Workers Union, which represented some of the employees. The primary dispute centred on the terms and conditions outlined in the proposed enterprise agreement, with the union challenging certain aspects of the agreement that they believed were unfavourable to the employees. The matter was heard in the Fair Work Commission, which was tasked with determining whether the agreement should be approved.

The central legal issues before the Commission were whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees. The Commission had to consider the bargaining process, the content of the agreement, and whether it complied with the procedural and substantive requirements set out in the Act. Additionally, the Commission examined the fairness and reasonableness of the proposed terms and conditions in light of the principles established in relevant case law.

In its decision, the Fair Work Commission found that the bargaining process was conducted in good faith and that the proposed enterprise agreement was fair and reasonable. The Commission highlighted that the agreement included provisions that were beneficial to the employees, such as minimum wage increases and improved working conditions. The Commission also noted that the agreement provided for a transparent and accessible dispute resolution process. After considering all the arguments and evidence presented, the Commission concluded that the proposed agreement met the legal requirements for approval and was in the best interests of the employees. Therefore, the application for approval of the Tox Free Australia (Murrin Murrin) Enterprise Agreement 2015-2019 was approved.

The Fair Work Commission ordered that the Tox Free Australia (Murrin Murrin) Enterprise Agreement 2015-2019 be approved, effective from the date of the decision. The union's objections were dismissed, and the agreement was to be registered with the Fair Work Commission. The Commission also directed that the agreement be served on all relevant parties and that it be implemented in accordance with its terms. This decision ensured that the employees would benefit from the agreed-upon terms and conditions, while also maintaining a fair and balanced relationship between the employer and the employees.

Tox Free Australia Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established