DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toxfree Australia Ltd
(AG2015/6152)

TOXFREE APLNG PROJECT ENTERPRISE AGREEMENT 2015-2017

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 14 DECEMBER 2015

Application for approval of the Toxfree APLNG Project Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Toxfree APLNG Project Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Toxfree Australia Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] On 8 December 2015 undertakings were provided by the Company in relation to clause 20.1 (Ordinary Hours) and clause 28 (Public Holidays) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54, will operate from 21 December 2015. The nominal expiry date is 20 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toxfree Australia Ltd is a party involved in an application for the approval of the Toxfree APLNG Project Enterprise Agreement 2015-2017. The dispute arose as Toxfree sought approval from the Fair Work Commission for the proposed enterprise agreement, which would govern the terms and conditions of employment for its workers during the specified period. The nature of the dispute centred on the adequacy of the agreement, particularly concerning whether it met the requirements of the Fair Work Act 2009.

The legal issues the court was required to decide included whether the proposed agreement was in the best interests of the employees, whether it complied with the relevant provisions of the Fair Work Act, and whether it provided for fair and reasonable terms of employment. The court had to consider various aspects of the agreement, such as the remuneration, working conditions, and dispute resolution mechanisms, to ensure that the agreement was fair and balanced.

The Fair Work Commission carefully examined the evidence and arguments presented by the parties. The court found that the proposed agreement met the statutory requirements and provided fair and reasonable terms of employment. The commission noted that the agreement included provisions for minimum wage rates, leave entitlements, and a dispute resolution process, which were considered adequate and fair. The court concluded that the agreement was in the best interests of the employees and approved the Toxfree APLNG Project Enterprise Agreement 2015-2017. The approval granted by the Fair Work Commission ensured that the agreement would now govern the employment relationship between Toxfree and its workers for the specified period.

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