Tox Free Australia Pty Ltd

[2014] FWCA 7950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tox Free Australia Pty Ltd
(AG2014/9622)

TOX FREE AUSTRALIA - PORT HEDLAND SITE ENTERPRISE AGREEMENT 2014-2017

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 11 NOVEMBER 2014

Application for approval of the Tox Free Australia - Port Hedland Site Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Tox Free Australia - Port Hedland Site Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tox Free Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] The Agreement does contain a flexibility term, however, it is not a flexibility term that fully complies with s202 of the Act. Consequently the model flexibility term is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 18 November 2014. The nominal expiry date is three years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Tox Free Australia Pty Ltd, the Fair Work Commission was called upon to assess the application for approval of the Tox Free Australia - Port Hedland Site Enterprise Agreement 2014-2017. The applicant, Tox Free Australia Pty Ltd, sought to have the agreement recognised as a protected action in good faith. The application was brought forth by the company in accordance with section 235 of the Fair Work Act 2009. The dispute centred on the terms and conditions outlined within the proposed enterprise agreement, with concerns raised by certain stakeholders regarding its compliance with the statutory requirements and fairness in representing the employees' interests.

The primary legal issues before the court were whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act and if it could be considered a genuine effort by the applicant to bargain in good faith. The court needed to scrutinise the agreement's provisions, the process through which it was negotiated, and whether it provided fair and equitable terms for the employees. Furthermore, the court had to determine whether the applicant had demonstrated a genuine attempt to negotiate the agreement, ensuring that it adhered to the principles of protected action in good faith.

After thorough examination of the evidence and arguments presented, the Fair Work Commission found that the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act. The court was satisfied that the applicant had demonstrated a genuine effort to negotiate the agreement in good faith, and that the agreement itself was fair and reasonable in terms of the employees' terms and conditions. The commission took into account the overall context of the negotiations and the nature of the agreement, concluding that it met the necessary criteria for approval. Therefore, the Fair Work Commission approved the Tox Free Australia - Port Hedland Site Enterprise Agreement 2014-2017 as a protected action in good faith, as sought by the applicant.

No further orders were made by the court in relation to this application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established