DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ixom Operations Pty Ltd
(AG2019/2004)

IXOM OPERATIONS PTY LTD (MIEX® DEER PARK) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 24 JUNE 2019

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

[1] An application has been made for approval of an enterprise agreement known as the IXOM Operations Pty Ltd (MIEX® Deer Park) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ixom Operations Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Maritime, Mining and Energy 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2019. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Ixom Operations Pty Ltd and its employees, represented by the Australian Manufacturing Workers' Union. The issue at hand was the application for the approval of the IXOM Operations Pty Ltd (MIEX® Deer Park) Enterprise Agreement 2018. The primary legal question for the court was whether the agreement, which was the result of negotiations between the parties, met the necessary criteria under the Fair Work Act 2009 to be considered a genuine enterprise agreement.

The court examined whether the agreement had been made in good faith, if it was applicable to a relevant group of employees, and if it contained the necessary minimum terms and conditions as required by the Fair Work Act. Furthermore, the court assessed the process by which the agreement was formed, ensuring that it complied with the procedural fairness requirements set out in the legislation. The court took into account submissions from both parties, as well as any relevant evidence provided.

Upon thorough consideration, the court found that the IXOM Operations Pty Ltd (MIEX® Deer Park) Enterprise Agreement 2018 met all the necessary criteria for approval. The court was satisfied that the agreement was made in good faith, that it was applicable to the relevant group of employees, and that it contained the requisite minimum terms and conditions. The process by which the agreement was formed was also deemed to be in compliance with procedural fairness requirements. Therefore, the court granted the application for approval of the agreement.

In conclusion, the court approved the IXOM Operations Pty Ltd (MIEX® Deer Park) Enterprise Agreement 2018, finding it to be a genuine enterprise agreement as defined under the Fair Work Act 2009. The agreement will now serve as the basis for the terms and conditions of employment between Ixom Operations Pty Ltd and its employees, as represented by the Australian Manufacturing Workers' Union.

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