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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tox Free Australia Pty Ltd, trading as Toxfree, applied to the Fair Work Commission for approval of the Tox Free Industrial Services [S.A.] Agreement 2015. The application was made under the Fair Work Act 2009, seeking to have the agreement registered as a safety agreement. The dispute centred on whether the agreement met the necessary criteria for registration and whether it complied with the relevant sections of the Fair Work Act.

The primary legal issue before the Commission was whether the agreement in question was a safety agreement within the meaning of the Fair Work Act. The Commission needed to determine if the agreement included the necessary provisions to ensure adequate safety measures and if it was genuinely negotiated and agreed upon by the parties involved. Additionally, the Commission had to consider if the agreement adhered to the procedural requirements for registration as stipulated in the Act.

In making its decision, the Fair Work Commission examined the contents of the agreement and assessed whether it provided for adequate safety measures and included the necessary negotiation and agreement processes. The Commission also considered if the agreement met the formal requirements for registration. After careful deliberation, the Commission found that the Tox Free Industrial Services [S.A.] Agreement 2015 was a safety agreement and satisfied the criteria for registration under the Fair Work Act.

Consequently, the Commission approved the agreement and ordered its registration as a safety agreement. This decision allows the agreement to have legal effect and facilitates the implementation of the agreed-upon safety measures within the relevant workplace. The registration of the agreement ensures that it can be used as a basis for resolving disputes and enforcing safety-related provisions.

Tox Free Australia Pty Ltd T/A Toxfree

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established