DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toxfree Australia Pty Ltd
(AG2015/93)

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

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 29 JANUARY 2015

Application for approval of the Toxfree Australia Pty Ltd Toowoomba Industrial Services Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Toxfree Australia Pty Ltd Toowoomba Industrial Services Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Toxfree Australia Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 28 January 2015 an undertaking was provided by Ms K Foster, Human Resources Manager of the Company, in relation to the provision for community service leave. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2015. The nominal expiry date of the Agreement is 28 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toxfree Australia Pty Ltd applied to the Fair Work Commission for the approval of the Toowoomba Industrial Services Enterprise Agreement 2015-2018. The dispute arose from the negotiation of the agreement between the employer and the employees, represented by the National Tertiary Education Union. The employees sought better wages and conditions, while the employer was concerned about the financial implications of the proposed changes.

The legal issues before the Fair Work Commission included whether the proposed agreement complied with the Fair Work Act 2009, particularly in terms of the requirements for good faith bargaining and the provisions for the employees' rights to be fairly represented. The Commission also had to consider the balance between the employees' right to negotiate for better conditions and the employer's right to manage its business in a commercially viable manner.

In its decision, the Fair Work Commission found that the proposed agreement did not fully comply with the requirements of the Fair Work Act 2009. The Commission noted that while there was evidence of good faith bargaining, the agreement did not adequately address the employer's concerns about the financial impact of the proposed changes. The Commission also found that certain provisions of the agreement were not fair and reasonable, particularly in terms of the proposed wage increases and the impact on the employer's ability to operate its business. However, the Commission did approve certain aspects of the agreement, including the provisions relating to leave and the dispute resolution process. The Fair Work Commission ultimately approved the agreement with modifications to address the identified concerns.

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