IXOM Operations Pty Ltd (previously known as Chemicals Australia Operations Pty Ltd)

[2022] FWCA 786

[2022] FWCA 786

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

IXOM Operations Pty Ltd (previously known as Chemicals Australia Operations Pty Ltd)

(AG2022/477)

Ixom Operations Pty Ltd (Chloralkali Laverton Site) Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 4 MARCH 2022

Application for approval of the Ixom Operations Pty Ltd (Chloralkali Laverton Site) Enterprise Agreement 2021

1. IXOM Operations Pty Ltd (previously known as Chemicals Australia Operations Pty Ltd) (the Applicant) has made an application for approval of an enterprise agreement known as the Ixom Operations Pty Ltd (Chloralkali Laverton Site) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 1 March 2022.

1. On 2 March 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  Chambers sought and received submissions and materials to confirm that agreement pre-approval requirements have been met regarding provision of the NERR, the NERR notification time and the provision of the award to employees.

·  Clauses 49.8 regarding substitution of public holidays and 55.4 regarding redundancy may be inconsistent with the National Employment Standards (NES) however the Agreement contains an effective NES precedence term at clause 6.1 that resolves these NES concerns.

1. The Australian Workers’ 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 August 2025.

COMMISSIONER

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