DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ixom Operations Pty Ltd T/A Ixom
(AG2015/5423)

IXOM OPERATIONS PTY LTD (MIEX® DEER PARK) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 14 SEPTEMBER 2015

Application for approval of the Ixom Operations Pty Ltd (MIEX® Deer Park) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ixom Operations Pty Ltd (MIEX® Deer Park) Enterprise Agreement (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] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, 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.

[5] The Agreement was approved on 14 September 2015 and, in accordance with s.54, will operate from 21 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Ixom Operations Pty Ltd, trading as Ixom, applied to the Fair Work Commission for approval of the Ixom Operations Pty Ltd (MIEX® Deer Park) Enterprise Agreement 2015. The applicant and the relevant union, the Manufacturing, Engineering and Related Industries Union of Australia, had entered into an agreement that regulated terms and conditions of employment for workers at the Deer Park site. The union sought to have the agreement certified as a single-enterprise agreement, encompassing all employees of the company.

The legal issues that arose for determination included whether the agreement satisfied the requirements of the Fair Work Act 2009, specifically sections 227 and 228. These sections required the agreement to cover all employees of the employer, and to be a genuine single-enterprise agreement, meaning it must not have been entered into as a result of any form of coercion or undue influence. Additionally, the agreement had to comply with the ‘better-off overall test’ in section 230, ensuring that employees would not be worse off financially.

The Commission found that the agreement was a genuine single-enterprise agreement, as it was entered into without any form of coercion or undue influence. The Commission was satisfied that the process followed to negotiate the agreement was fair and transparent. The better-off overall test was also met, as the agreement provided employees with improved conditions and pay rates compared to the applicable award. The Commission further determined that the agreement covered all employees of the company and met the other statutory requirements for approval.

As a result, the Fair Work Commission approved the Ixom Operations Pty Ltd (MIEX® Deer Park) Enterprise Agreement 2015. The Commission certified the agreement as a single-enterprise agreement, effective from the date of the decision. The agreement now regulates the terms and conditions of employment for all employees of the applicant at the Deer Park site.

Ixom Operations Pty Ltd T/A Ixom

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established