Indorama Ventures Oxide Australia

[2022] FWCA 3244

[2022] FWCA 3244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Indorama Ventures Oxide Australia

(AG2022/3401)

Indorama Ventures Oxide Australia / AWU Botany Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 16 SEPTEMBER 2022

Application for approval of the Indorama Ventures Oxide Australia / AWU Botany Enterprise Agreement 2022

1. Indorama Ventures Oxide Australia (the Employer) has applied for approval of an enterprise agreement known as the Indorama Ventures Oxide Australia / AWU Botany Enterprise Agreement 2022 (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.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A.  Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertaking, allowing a period of two business days from receipt of the undertaking to provide any views.   No views were provided.

1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.  Pursuant to s.190 of the Act, I accept the undertaking.  In accordance with s.201(3) of the Act, I note that the undertaking are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. Subject to the undertaking referred to above, 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.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. 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.  In accordance with s.201(2) of the Act I note that the Agreement covers the AWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2022.  The nominal expiry date of the Agreement is 30 November 2024.

COMMISSIONER

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Annexure A – Undertaking