DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toxfree Australia Pty Ltd T/A Toxfree
(AG2016/4048)

TOXFREE VICTORIAN INDUSTRIAL SERVICES AGREEMENT 2016-2019

Waste management industry
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Toxfree Victorian Industrial Services Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Toxfree Victorian Industrial Services 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. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Workers’ 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2016. The nominal expiry date of the Agreement is 18 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Toxfree Australia Pty Ltd T/A Toxfree applied to the Fair Work Commission for the approval of the Toxfree Victorian Industrial Services Agreement 2016-2019. The application was made by the employer, Toxfree Australia, under section 234 of the Fair Work Act 2009. The dispute centred around the terms and conditions of the proposed agreement and whether it complied with the relevant provisions of the Act.

The primary legal issue for the Commission to decide was whether the proposed agreement was in the public interest and whether it met the requirements of the Fair Work Act. Specifically, the Commission had to assess if the agreement provided fair and reasonable terms for the employees and if it aligned with the principles of the Act. The Commission also needed to consider whether the agreement facilitated productivity, enterprise flexibility, and efficient workplace relations.

The Fair Work Commission determined that the Toxfree Victorian Industrial Services Agreement 2016-2019 was fair and reasonable for the employees covered by the agreement. The Commission found that the proposed agreement met the requirements of the Fair Work Act and facilitated productivity, enterprise flexibility, and efficient workplace relations. As such, the Commission approved the agreement under section 235 of the Act. The decision was based on the evidence presented and the analysis of the terms and conditions of the agreement. The Commission concluded that the agreement was in the public interest and did not have an adverse effect on the employees' rights.

The Fair Work Commission approved the Toxfree Victorian Industrial Services Agreement 2016-2019 and declared it to be in force from 1 July 2016. The decision was made on 16 June 2016, and the agreement was registered under the Fair Work Act on the same day. The approval of the agreement ensures that the terms and conditions of employment for the employees are fair and reasonable and are in line with the principles of the Act.

Toxfree Australia Pty Ltd T/A Toxfree

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established