Chemicals Australia Operations Pty Ltd T/A Ixom

[2015] FWCA 4973

[2015] FWCA 4973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Chemicals Australia Operations Pty Ltd T/A Ixom
(AG2015/2939)

CHEMICALS AUSTRALIA OPERATIONS PTY LTD (CHLORALKALI BOTANY) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 22 JULY 2015

Application for approval of the Chemicals Australia Operations Pty Ltd (Chloralkali Botany) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Chemicals Australia Operations Pty Ltd (Chloralkali Botany) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] During the bargaining process leading up to the making of this Agreement, I conducted a number of hearings and conferences in respect of a number of applications:

● Section 229 bargaining order application by the Australian Workers’ Union (B2014/1366);

● Section 437 protected action ballot order application by the Australian Workers’ Union (B2014/1679);

● Section 418 application that industrial action stop by Chemicals Australia Operations Pty Ltd (Ixom) (C2015/2605);

● Section 739 application to deal with a dispute by the Australian Workers’ Union (C2015/1591).

[4] I am therefore well acquainted with the background to the finalisation of the Agreement.

[5] The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] In its F18 form, the AWU raised an issue concerning the status of a Memorandum of Understanding (MOU) executed by the parties, as part of the settlement of the enterprise bargaining dispute in June 2015.

[7] Accordingly, a hearing took place on 17 July 2015. After submissions and a private conference, it was agreed that I would make reference to the MOU in this decision and issue a Statement containing the MOU which will remain on the Commission’s file.

[8] In the interests of clarity, I make it clear that the MOU is not part of the Agreement, as approved by the Commission in this decision. The MOU was, however, an integral part of the total package settlement endorsed by the parties. Both Ixom and the AWU have affirmed their intention to be bound by it.

[9] The Agreement is approved. In accordance with s.54(1) it will operate from 29 July 2015. The nominal expiry date of the Agreement is 29 July 2017.

DEPUTY PRESIDENT

Appearances:

A. Mansini with J. Borg and M. Caswell for the Applicant.

V. Falconer with P. Noack and A. Wayland for the AWU.

Hearing details:

2015

Sydney:

July 17.

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