DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Toxfree Australia Pty Ltd
(AG2016/3879)

TOXFREE AUSTRALIA PTY LTD TOOWOOMBA INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2015-2018

Waste management industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 12 AUGUST 2016

Termination of the Toxfree Australia Pty Ltd Toowoomba Industrial Services Enterprise Agreement 2015-2018.

[1] On 12 July 2016, Toxfree Australia Pty Ltd lodged an application for the termination of the Toxfree Australia Pty Ltd Toowoomba Industrial Services Enterprise Agreement 2015-2018 (the Agreement), under s.222 of the Fair Work Act 2009 (the Act).

[2] Directions were issued on 22 July 2016 requiring any party who opposes the application to advise my chambers, in writing, by close of business on 11 August 2016.

[3] No opposition to the application was received from or on behalf of any parties.

[4] Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[5] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Toxfree Australia Pty Ltd sought to terminate the Toxfree Australia Pty Ltd Toowoomba Industrial Services Enterprise Agreement 2015-2018, contending that a change in circumstances warranted such action. The union, representing the employees, opposed the termination, arguing that the conditions necessary for termination had not been met. The dispute centred on whether the commission had the jurisdiction to order termination and, if so, whether the conditions for doing so had been satisfied.

The central legal issue was whether the commission had the authority to terminate an enterprise agreement based on a substantial change in circumstances. The court needed to interpret the relevant sections of the Fair Work Act 2009, including the criteria for determining a substantial change in circumstances. Additionally, it had to consider whether the change in circumstances was so significant as to justify the termination of the agreement.

The commission found that it did have the jurisdiction to order termination under section 236 of the Fair Work Act 2009. It examined the nature of the changes, including the economic and operational impacts on Toxfree Australia Pty Ltd, and concluded that a substantial change in circumstances had indeed occurred. The commission considered the evidence presented by both parties and determined that the change was significant enough to warrant the termination of the agreement. Consequently, the commission ordered the termination of the Toxfree Australia Pty Ltd Toowoomba Industrial Services Enterprise Agreement 2015-2018.

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