Toxfree Solutions Ltd

[2013] FWCA 2417

[2013] FWCA 2417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toxfree Solutions Ltd
(AG2013/846)

TOXFREE SOLUTIONS LTD - QUEENSLAND ALUMINA LTD (QAL) PROJECT GREENFIELDS AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 APRIL 2013

Application for approval of the Toxfree Solutions Ltd - Queensland Alumina Ltd (QAL) Project Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Toxfree Solutions Ltd - Queensland Alumina Ltd (QAL) Project Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Toxfree Solutions Ltd. The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clauses 1.3 and 3.3.3 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Applicant has advised in writing of an error in the Agreement. The error is that in the 4th paragraph of clause 7.1 the word “Veoila’s” should read “Toxfree’s”. Pursuant to s.586 of the Act, I permit this correction of the Agreement.

[5] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 26 April 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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APPENDIX A