Tox Free Australia Pty Ltd T/A Toxfree

[2016] FWCA 123

[2016] FWCA 123

FAIR WORK COMMISSION

DECISION

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

Tox Free Australia Pty Ltd T/A Toxfree
(AG2015/7152)

TOX FREE INDUSTRIAL SERVICES [S.A.] AGREEMENT 2015

Waste management industry
COMMISSIONER HAMPTON	ADELAIDE, 7 JANUARY 2016

Application for approval of the Tox Free Industrial Services [S.A.] Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tox Free Industrial Services [S.A.] Agreement 2015 (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 T/A Toxfree and The Australian Workers’ Union (South Australian Branch) (AWU). The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the AWU, which I note will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

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