Toxfree Australia Pty Ltd

[2014] FWCA 6396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toxfree Australia Pty Ltd
(AG2014/7195)

TOXFREE NSW INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2014-2015

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the Toxfree NSW Industrial Services Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Toxfree NSW Industrial Services Enterprise Agreement 2014-2015 (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 9 September 2014 undertakings were provided by Ms K Foster, Human Resources Manager of the Company. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings 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 Australian Workers’ Union Greater New South Wales Branch, 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 19 September 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Toxfree Australia Pty Ltd sought approval of the Toxfree NSW Industrial Services Enterprise Agreement 2014-2015. The applicant argued that the agreement should be approved as it met the criteria for fair and reasonable terms and conditions of employment, while the respondent contended that the agreement did not meet the requirements of the Fair Work Act 2009. The court was tasked with determining whether the agreement was fair and reasonable, and whether it complied with the relevant statutory provisions.

The central legal issues revolved around the fairness and reasonableness of the agreement's terms and conditions. The court considered whether the agreement met the statutory requirements set out in the Fair Work Act, including the need for the agreement to provide for fair and reasonable terms and conditions of employment, and to be free from coercion, harassment, and undue influence. The court also had to assess whether the agreement provided for the minimum entitlements and conditions of employment as stipulated in the relevant awards and the National Employment Standards.

The Fair Work Commission found that the Toxfree NSW Industrial Services Enterprise Agreement 2014-2015 was fair and reasonable. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and met the statutory requirements set out in the Fair Work Act. The court noted that the agreement provided for minimum entitlements and conditions of employment in line with the relevant awards and the National Employment Standards. The Commission approved the agreement, finding it to be in compliance with the Fair Work Act.

In conclusion, the Fair Work Commission approved the Toxfree NSW Industrial Services Enterprise Agreement 2014-2015. The court found that the agreement was fair and reasonable, and met the statutory requirements set out in the Fair Work Act. The agreement was approved as it provided for fair and reasonable terms and conditions of employment, and met the minimum entitlements and conditions of employment as stipulated in the relevant awards and the National Employment Standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established