DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toxfree Australia Pty Ltd
(AG2018/1255)

TOXFREE SOLUTIONS LTD - INFRASTRUCTURE - SOUTH EAST QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2021

Waste management industry
COMMISSIONER WILSON	MELBOURNE, 12 JULY 2018

Application for approval of the Toxfree Solutions Ltd - Infrastructure - South East Queensland Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Toxfree Solutions Ltd - Infrastructure - South East Queensland Enterprise Agreement 2018-2021 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2018. The nominal expiry date of the Agreement is 11 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toxfree Australia Pty Ltd was the subject of an application for approval of an enterprise agreement, specifically the Toxfree Solutions Ltd - Infrastructure - South East Queensland Enterprise Agreement 2018-2021. The dispute arose as the Fair Work Commission sought to determine the fairness of the proposed agreement, which involved multiple aspects of employee terms and conditions. The matter was heard in the Fair Work Commission, a body responsible for resolving workplace disputes in Australia.

The central legal issues before the Commission were whether the proposed agreement was fair and reasonable, and if it complied with the statutory requirements set out in the Fair Work Act 2009. This included assessing whether the agreement adequately protected employees' rights and interests, and if the process through which the agreement was negotiated was fair. Additionally, the Commission had to consider whether the agreement met the "better off overall test," ensuring that employees were not disadvantaged by the agreement compared to their previous conditions.

In reaching its decision, the Fair Work Commission examined the negotiation process, the content of the agreement, and the overall impact on the employees. The Commission found that the negotiation process was fair and that the agreement provided for fair and reasonable terms and conditions for the employees. The Commission also determined that the agreement met the better off overall test, as employees would benefit from the proposed changes. Consequently, the Commission approved the Toxfree Solutions Ltd - Infrastructure - South East Queensland Enterprise Agreement 2018-2021, deeming it fair and reasonable for the employees involved.

No further orders were made, as the approval of the enterprise agreement was the primary outcome of the Commission's decision.

Toxfree Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established