DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ixom Operations Pty Ltd
(AG2019/3936)

IXOM OPERATIONS PTY LTD GROUNDWATER TREATMENT PLANT ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 13 NOVEMBER 2019

Application for approval of the IXOM Operations Pty Ltd Groundwater Treatment Plant Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the IXOM Operations Pty Ltd Groundwater Treatment Plant Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Ixom Operations Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings 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.

[4] 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) I note that the Agreement covers the AWU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2019. The nominal expiry date of the Agreement is 12 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Ixom Operations Pty Ltd concerned the approval of the IXOM Operations Pty Ltd Groundwater Treatment Plant Enterprise Agreement 2019. The Fair Work Commission was required to consider whether the agreement should be approved under the Fair Work Act 2009. The application for approval was brought by Ixom Operations Pty Ltd, with the Australian Council of Trade Unions acting as the representative for the employees.

The central legal issue was whether the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement contained the minimum terms and conditions that are required by the Act, and if it had been negotiated in good faith. The agreement needed to ensure that it provided fair and reasonable terms for the employees and did not negatively impact their rights.

The Commission examined the terms of the agreement and the process by which it was negotiated. It considered the evidence provided by both Ixom Operations Pty Ltd and the Australian Council of Trade Unions regarding the negotiation process and the reasonableness of the terms. The Commission found that the agreement contained all the minimum terms required by the Act and had been negotiated in good faith. It concluded that the agreement was fair and reasonable for the employees, and therefore approved the application.

As a result of the Commission's decision, the IXOM Operations Pty Ltd Groundwater Treatment Plant Enterprise Agreement 2019 was approved and came into effect. This decision ensures that the employees covered by the agreement have a set of terms and conditions that meet the minimum standards required by the Fair Work Act.

Ixom Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established