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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Toxfree Australia Pty Ltd, trading as Toxfree Australia, sought approval for the Toxfree Australia La Trobe Valley Power Stations Agreement 2016-2019 from the Fair Work Commission. This application arose in the context of the company's operations in the La Trobe Valley power stations sector, where the agreement aimed to regulate employment conditions. The application was opposed by the Australian Manufacturing Workers' Union, which raised concerns regarding the proposed terms and their impact on employees. The Fair Work Commission was tasked with evaluating the fairness and appropriateness of the agreement under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for being deemed a modern award, and if it provided fair and reasonable terms for employees. The Commission had to consider whether the agreement adequately protected employee rights, ensured fair compensation, and complied with the provisions of the Fair Work Act. The opposition argued that certain clauses within the agreement were disadvantageous to employees, potentially undermining their rights and protections.

The Fair Work Commission determined that the proposed agreement did not sufficiently protect employee rights and contained terms that were unfair. The Commission highlighted specific clauses that did not comply with the Fair Work Act and noted that the agreement failed to provide adequate compensation and protections for employees. Consequently, the Commission rejected the application for approval of the agreement, emphasising the importance of ensuring fair and reasonable terms in employment agreements. The decision underscored the need for any proposed agreement to meet the statutory requirements for being a modern award and to adequately protect employee interests.

No orders were made as the application was dismissed. The Commission's decision serves as a reminder of the critical role it plays in ensuring that employment agreements are fair and comply with the relevant legislation.

Toxfree Australia Pty Ltd T/A Toxfree Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established