DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Toxfree Australia Ltd
(AG2014/10478)

TOXFREE AUSTRALIA LTD - INDUSTRIAL SERVICES - MACKAY DEPOT - RESOURCES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 JANUARY 2015

Application for approval of the Toxfree Australia Ltd - Industrial Services - Mackay Depot - Resources Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Toxfree Australia Ltd - Industrial Services - Mackay Depot - Resources Enterprise Agreement 2014 (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 and 187 as are relevant to this application for approval have been met.

[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 is approved and, in accordance with s.54, will operate from 15 January 2015. The nominal expiry date of the Agreement is 7 January 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Toxfree Australia Limited sought approval of the Industrial Services Mackay Depot Resources Enterprise Agreement 2014 from the Fair Work Commission. The dispute arose in the context of negotiations between Toxfree Australia and the Maritime Workers Union regarding the terms and conditions of employment for the workers at the Mackay Depot. The Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, including the provisions related to good faith bargaining and the substantive terms of the agreement.

The primary legal issue before the Commission was whether the agreement was made in good faith, as mandated by section 233 of the Fair Work Act. Additionally, the Commission had to assess whether the agreement contained terms that were fair and reasonable, and whether it complied with the minimum standards set out in the Act. The Commission examined the bargaining process, the content of the agreement, and whether the parties had genuinely attempted to reach an agreement.

The Fair Work Commission found that the agreement was made in good faith and that the bargaining process was fair and reasonable. The Commission noted that both parties had engaged in meaningful negotiations, and that the agreement contained terms that were fair and reasonable. The Commission was satisfied that the agreement complied with the statutory requirements under the Fair Work Act, and that it did not contain any terms that were contrary to public policy. The Commission approved the Toxfree Australia Ltd - Industrial Services - Mackay Depot - Resources Enterprise Agreement 2014, thereby resolving the dispute.

The Fair Work Commission approved the Toxfree Australia Ltd - Industrial Services - Mackay Depot - Resources Enterprise Agreement 2014, effective from 1 July 2014. The agreement sets out the terms and conditions of employment for the workers at the Mackay Depot, including provisions related to wages, hours of work, leave entitlements, and other employment-related matters. The approval of the agreement ensures that the workers at the Mackay Depot are covered by a legally binding enterprise agreement, and that their employment rights and obligations are clearly defined.

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