Ixom Operations Pty Ltd Trading AS Australian Botanical Products Pty Ltd Summary

[2025] FWCA 3527 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ixom Operations Pty Ltd Trading AS Australian Botanical Products Pty Ltd

(AG2025/3123)

IXOM OPERATIONS PTY LTD (AUSTRALIAN BOTANICAL PRODUCTS) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER CONNOLLY	MELBOURNE, 22 OCTOBER 2025

Application for approval of the Ixom Operations Pty Ltd (Australian Botanical Products) and United Workers Union Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Ixom Operations Pty Ltd (Australian Botanical Products) and United Workers Union Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ixom Operations Pty Ltd Trading AS Australian Botanical Products Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 19 September 2025.

On 3 October 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

I note that multiple clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Applicant has provided written undertakings, dated 7 October 2024, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) that responded, supported the undertaking.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

The “United 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.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

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 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Ixom Operations Pty Ltd Trading as Australian Botanical Products Pty Ltd was involved in a dispute concerning the approval of their enterprise agreement with the United Workers Union. The matter was heard and determined by the Commission, which had to decide on the validity and fairness of the proposed agreement under the Fair Work Act 2009. The primary issue was whether the agreement complied with the statutory requirements for being a lawful and fair agreement, including provisions related to minimum entitlements, bargaining, and dispute resolution.

The Commission meticulously examined the agreement to ensure it met the standards set out in the Fair Work Act. It focused on whether the agreement adequately provided for minimum entitlements, maintained appropriate bargaining processes, and included necessary dispute resolution mechanisms. The Commission also considered whether the agreement was appropriately negotiated and if it fairly reflected the needs of both the employer and the employees. The fairness and compliance of each clause within the agreement were assessed to determine if the agreement met the statutory criteria for approval.

Upon reviewing the agreement, the Commission concluded that the proposed enterprise agreement complied with all necessary statutory requirements. It found that the agreement appropriately addressed minimum entitlements, maintained effective bargaining processes, and included adequate dispute resolution mechanisms. The Commission was satisfied that the agreement was fairly negotiated and reflected the needs of both parties. Consequently, the Commission approved the Ixom Operations Pty Ltd (Australian Botanical Products) and United Workers Union Enterprise Agreement 2025.

Ixom Operations Pty Ltd Trading AS Australian Botanical Products Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established