IXOM Operations Pty Ltd T/A IXOM

[2023] FWCA 2556

[2023] FWCA 2556

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

IXOM Operations Pty Ltd T/A IXOM

(AG2023/2663)

APPLICATION FOR APPROVAL OF THE IXOM OPERATIONS PTY LTD CHLOR ALKALI BOTANY NSW ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 15 AUGUST 2023

Application for approval of the IXOM Operations Pty Ltd Chlor Alkali Botany NSW Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the IXOM OPERATIONS PTY LTD CHLOR ALKALI BOTANY NSW ENTERPRISE AGREEMENT 2023 (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 T/A IXOM. The Agreement is a single enterprise agreement.

1. 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.

1. However, an assessment of the Agreement has identified that several clauses may be inconsistent with the National Employment Standards (NES).  In particular, terms relating to:

a)clause 36: Family and domestic violence leave; 

b)clause 23: Abandonment of employment;

c)clause 24.1(d): Termination; and

d)clause 34.1: Compassionate leave.

1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clauses referred to above.

1. Noting the NES precedence clause (clause 4.2), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

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 the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2023. The nominal expiry date of the Agreement is 31 May 2026.

COMMISSIONER

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