DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Toxfree Australia Ltd
(AG2017/5010)

TOXFREE AUSTRALIA PTY LTD - YARWUN ALUMINA REFINERY INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 NOVEMBER 2017

Application for variation of the Toxfree Australia Pty Ltd - Yarwun Alumina Refinery Industrial Services Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Toxfree Australia Pty Ltd – Yarwun Alumina Refinery Industrial Services Enterprise Agreement 2015(the Agreement). The application was made by Toxfree Australia Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 22 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Toxfree Australia Ltd, an employer, applied to the Fair Work Commission for a variation to the Toxfree Australia Pty Ltd - Yarwun Alumina Refinery Industrial Services Enterprise Agreement 2015. The application sought to alter the classification and pay rates for certain employees, asserting that the current agreement was no longer suitable given the changes in the workplace environment and the need for competitive remuneration. The dispute centred on the interpretation and application of the relevant industrial laws and the fairness of the proposed changes.

The central legal issues the Commission had to address were whether the application met the statutory criteria for a variation of the enterprise agreement and if the proposed changes were fair and reasonable. The Commission needed to determine if the application process complied with the relevant sections of the Fair Work Act 2009 and assess the fairness of the proposed changes in light of the Fair Work Act's objectives. The Commission also had to consider whether the application was made in good faith and whether it was likely to lead to improved productivity and efficiency in the workplace.

The Commission found that the application process adhered to the statutory requirements and that the proposed changes were fair and reasonable. The Commission concluded that the changes would lead to improved productivity and efficiency and aligned with the objectives of the Fair Work Act. The Commission emphasised the importance of maintaining a competitive and equitable workplace environment, and it determined that the proposed changes were necessary to achieve these goals. Consequently, the Commission approved the variation of the enterprise agreement as sought by Toxfree Australia Ltd.

Toxfree Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established