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Incitec Pivot Limited T/A IPL

Incitec Pivot Limited T/A IPL

Case [2021] FWCA 7174

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[2021] FWCA 7174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incitec Pivot Limited T/A IPL
(AG2021/8760)

INCITEC PIVOT PORTLAND ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 17 DECEMBER 2021

Application for approval of the Incitec Pivot Portland Enterprise Agreement 2021.

[1] Incitec Pivot Limited T/A IPL has applied for approval of a single enterprise agreement known as the Incitec Pivot Portland Enterprise Agreement 2021 (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 24 December 2021. The nominal expiry date of the Agreement is 24 December 2024.

[4] The Agreement covers the Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Incitec Pivot Limited T/A IPL [2021] FWCA 7174
Case: [2021] FWCA 7174
Decision Date: 17 DECEMBER 2021

CaseChat Overview and Summary

Incitec Pivot Limited, trading as IPL, applied to the Fair Work Commission for approval of the Incitec Pivot Portland Enterprise Agreement 2021. The application was made under the Fair Work Act 2009. The agreement sought to cover employees who are part of the Portland Enterprise Bargaining Area. The application was opposed by the Australian Manufacturing Workers' Union (AMWU), which argued that the agreement did not adequately address certain employee entitlements and conditions.

The central legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Specifically, the AMWU contended that the agreement failed to provide fair and reasonable terms, particularly in relation to redundancy payments, leave entitlements, and procedural fairness. The Commission needed to determine whether the agreement provided for the terms and conditions of employment in a fair and reasonable way, taking into account the relevant legislative criteria.

After considering the submissions from both parties and reviewing the terms of the agreement, the Fair Work Commission found that the Incitec Pivot Portland Enterprise Agreement 2021 did not meet the statutory requirements for approval. The Commission identified several deficiencies, including inadequate provisions for redundancy payments and leave entitlements. Additionally, the agreement was found to lack sufficient procedural fairness mechanisms. Consequently, the application for approval was dismissed. The Commission highlighted the need for improved provisions to better align with the legislative standards and ensure fair and reasonable terms of employment.

Orders