Toxfree Australia Pty Ltd T/A Toxfree Australia

[2016] FWCA 8314

[2016] FWCA 8314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toxfree Australia Pty Ltd T/A Toxfree Australia
(AG2016/6337)

TOXFREE AUSTRALIA LA TROBE VALLEY POWER STATIONS

Waste management industry
COMMISSIONER ROE	MELBOURNE, 22 NOVEMBER 2016

Application for approval of the Toxfree Australia La Trobe Valley Power Stations Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Toxfree Australia La Trobe Valley Power Stations Agreement 2016-2019 (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 T/A Toxfree Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Mining and Energy 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.

[5] The Agreement was approved on 22 November 2016 and, in accordance with s.54, will operate from 29 November 2016. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

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