Toxfree Australia Ltd

[2016] FWCA 2311

[2016] FWCA 2311

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Toxfree Australia Ltd

(AG2016/613)

TOXFREE - QUEENSLAND ALUMINA LTD (QAL) INDUSTRIAL

SERVICES ENTERPRISE AGREEMENT 2015-2016

Manufacturing and associated industries

COMMISSIONER HUNT BRISBANE, 12 APRIL 2016

Application for variation of the Toxfree - Queensland Alumina Ltd (QAL) Industrial Services

Enterprise Agreement 2015 - 2016.

[1]        An application has been made for approval of a variation to an enterprise agreement

known as Toxfree-Queensland Alumina Ltd (QAL) Industrial Services Enterprise Agreement

2015-2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work

Act 2009 (the Act). It has been made by Toxfree Australia Ltd, the employer covered by the

Agreement.

[2]        The employer statutory declaration in support of the application for approval of a

variation was declared by Mr Brian Hansen, Manager – Industrial Services – North East. A

statutory declaration in support of the application for approval of a variation was declared by

Mr Benjamin Swan, Branch Secretary of the Australian Workers’ Union (the AWU). The

AWU is an employee organisation covered by the Agreement and entitled to represent the

industrial interests of employees covered by the Agreement. The application for variation of

the Agreement is by consent.

[3]        The application seeks to vary the Agreement to give effect to the following:

(a)	A reduction in the hourly rate of pay paid to employees;
(b)	A reduction in the annual leave entitlement of continuous shift workers from

300 hours per annum to 210 hours per annum;

(c) A reduction in the personal leave entitlement of continuous shift workers from

120 hours per annum to 84 hours per annum;

(d) The cessation of the payment of personal leave accruals to employees on

termination; and

(e) A new classification structure.

[2016] FWCA 2311

[4]        I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this

application for approval of a variation have been met. Of particular note, I am satisfied that

the variations in paragraph [3] above continue to satisfy the terms of Part 2 -2, the National

Employment Standards of the Act, and the better off overall test pursuant to s.193(1) of the

Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the

signing of a variation to the enterprise agreement have been met.

[5]        The variation to the Agreement is approved and, in accordance with s.216 of the Act,

will operate from the date of this decision.

[6]        A consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE416080 PR578999>