DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toxfree Australia Ltd
(AG2015/5134)

TOXFREE - QUEENSLAND ALUMINA LTD (QAL) INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2015-2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 9 OCTOBER 2015

Application for approval of the Toxfree- Queensland Alumina Ltd (QAL) Industrial Services Enterprise Agreement 2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toxfree – Queensland Alumina Ltd (QAL) Industrial Services Enterprise Agreement 2015-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toxfree Australia Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 October 2015 and, in accordance with s.54, will operate from 16 October 2015. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Toxfree Australia Ltd was the subject of an application for the approval of an enterprise agreement with Queensland Alumina Ltd (QAL). The application was made to the Fair Work Commission (FWC) under section 232 of the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval under the Act, including the necessity for it to provide for "fairness" in all aspects.

The court was required to decide whether the enterprise agreement satisfied the statutory criteria for approval, including whether it provided for fair terms and conditions and whether it adhered to the procedural requirements set out in the Fair Work Act. The specific issues included whether the agreement appropriately addressed matters such as minimum rates of pay, penalty rates, and other employment conditions, and whether there was proper consultation and negotiation process between the parties.

The FWC found that the Toxfree-QAL Industrial Services Enterprise Agreement 2015-2016 did indeed meet the statutory criteria for approval. The agreement was deemed to provide for fair terms and conditions of employment, and the process of negotiation and consultation was found to be compliant with the requirements of the Act. The FWC also noted that the agreement included provisions for minimum rates of pay, penalty rates, and other employment conditions which were fair and reasonable. The court concluded that the agreement was in the public interest and approved it accordingly.

The final orders of the FWC included the approval of the Toxfree-QAL Industrial Services Enterprise Agreement 2015-2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms. This decision provided clarity for both Toxfree Australia Ltd and Queensland Alumina Ltd regarding the terms of their industrial agreement.

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