Ixom Operations Pty Limited

[2021] FWCA 6533

[2021] FWC 6533

The attached document wholly replaces the document previously issued with the code [2021] FWC 6263 on 3 November 2021 to correct document referencing.

Associate to Deputy President Young

Dated 3 November 2021

[2021] FWC 6533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Ixom Operations Pty Limited
(AG2021/8056)

IXOM OPERATIONS PTY LTD (MIEX® DEER PARK) ENTERPRISE

AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 3 NOVEMBER 2021

Application for the termination of the IXOM Operations Pty Ltd (MIEX® Deer Park) Enterprise Agreement 2018.

[1] Ixom Operations Pty Limited (the Applicant) has made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) for approval to terminate the IXOM Operations Pty Ltd (MIEX® Deer Park) Enterprise Agreement 2018 (the Agreement). The Applicant is the employer covered by the Agreement.

[2] The Agreement is a single enterprise agreement. The Agreement’s nominal expiry date is 31 December 2019.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) is the employee organisation covered by the Agreement.

[4] Section 222 of the Act provides:

“222 Application for the FWC’s approval of a termination of an enterprise agreement

Application for approval

(1) If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to the FWC for approval of the termination.

Material to accompany the application

(2) The application must be accompanied by any declarations that are required by the procedural rules to accompany the application.

When the application must be made

(3) The application must be made:

(a) within 14 days after the termination is agreed to; or

(b) if in all the circumstances the FWC considers it fair to extend that period—within such further period as the FWC allows.”

[5] Section 223 of the Act provides:

“223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.”

[6] Section 224 of the Act provides:

“224 When termination comes into operation

If a termination of an enterprise agreement is approved under section 223, the termination operates from the day specified in the decision to approve the termination.”

[7] On 27 October 2021, I requested that the CFMMEU provide its view on the application. On 28 October 2021, the CFMMEU advised my chambers that it did not intend to oppose the application and therefore it did not seek to be heard in relation to the termination.

[8] In the circumstances and based on the material contained in the Applicant’s declaration filed with the application, I am satisfied that the Applicant has complied with s.220(2) of the Act and that the termination was agreed to in accordance with section 222(1) of the Act. Further, having regard to the matters identified in ss.222 and 223 of the Act, I am satisfied that it is appropriate to approve the termination of the Agreement.

[9] Accordingly, I approve the termination of the Agreement. In accordance with s.224 of the Act, the termination will operate from 4 November 2021.

DEPUTY PRESIDENT

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