Incitec Pivot Limited

[2025] FWCA 248

[2025] FWCA 248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Incitec Pivot Limited

(AG2024/5208)

INCITEC PIVOT PORTLAND ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 22 JANUARY 2025

Application for approval of the Incitec Pivot Portland Enterprise Agreement 2024.

1. An application has been made for approval of an enterprise agreement known as the Incitec Pivot Portland Enterprise Agreement 2024. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Incitec Pivot Limited. The Agreement is a single enterprise agreement.

1. 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.

1. An assessment of the Agreement has identified two clauses that may be inconsistent with the National Employment Standards (NES).  In particular, the terms relating to:

a)Clause 15.1: Abandonment of employment; and

b)Clause 17: Redundancy.

1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

1. Noting the NES precedence clause (Clause 2.5), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2025. The nominal expiry date of the Agreement is 28 January 2028.

COMMISSIONER

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