DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chemicals Australia Operations Pty Ltd T/A Ixom
(AG2015/3008)

CHEMICALS AUSTRALIA OPERATIONS PTY LTD (CHLORALKALI LAVERTON SITE) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 JUNE 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Chemicals Australia Operations Pty Ltd (Chloralkali Laverton Site) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Chemicals Australia Operations Pty Ltd T/A Ixom. 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] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 26 June 2015. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Chemicals Australia Operations Pty Ltd, trading as Ixom, applied for approval of the Chemicals Australia Operations Pty Ltd (Chloralkali Laverton Site) Enterprise Agreement 2015. The applicant is an employer in the chemical manufacturing industry, and the dispute involved the terms and conditions of employment for its employees. The Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issues before the Commission were whether the agreement provided for the employees' pay and conditions, and whether the agreement was made in good faith and without coercion. The Commission considered the nature of the agreement, the process by which it was made, and whether it met the requirements of the Fair Work Act 2009. The Commission also considered whether the agreement was consistent with the national employment standards and whether it provided for appropriate dispute resolution mechanisms.

The Commission found that the agreement was made in good faith and without coercion, and that it provided for the employees' pay and conditions. The Commission noted that the agreement included provisions for minimum rates of pay, penalty rates, leave entitlements, and other employment conditions. The Commission also found that the agreement was consistent with the national employment standards and provided for appropriate dispute resolution mechanisms. The Commission approved the agreement, and it will now apply to the employees covered by the agreement.

The Fair Work Commission approved the Chemicals Australia Operations Pty Ltd (Chloralkali Laverton Site) Enterprise Agreement 2015. The Commission found that the agreement met the statutory requirements for approval and provided for the employees' pay and conditions. The Commission also found that the agreement was made in good faith and without coercion, and that it was consistent with the national employment standards. The approval of the agreement ensures that the employees covered by the agreement will have their terms and conditions of employment governed by the agreement.

Chemicals Australia Operations Pty Ltd T/A Ixom

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established