Ixom Operations Pty Ltd Trading AS Ixom
[2025] FWCA 2891
•3 SEPTEMBER 2025
| [2025] FWCA 2891 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Ixom Operations Pty Ltd Trading AS Ixom
(AG2025/2619)
IXOM OPERATIONS PTY LTD (CHLORALKALI LAVERTON SITE) ENTERPRISE AGREEMENT 2025
| Manufacturing and associated industries | |
| COMMISSIONER CONNOLLY | MELBOURNE, 3 SEPTEMBER 2025 |
Application for approval of the IXOM Operations Pty Ltd (Chloralkali Laverton Site) Enterprise Agreement 2025.
An application has been made for approval of an enterprise agreement known as the IXOM Operations Pty Ltd (Chloralkali Laverton Site) Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ixom Operations Pty Ltd Trading As Ixom (the Applicant). The Agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 14 August 2025.
On 18 August 2023, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.
There are National Employment Standards (NES) issues that require comment:
Compassionate leave: Clause 42 of the Agreement provides compassionate leave where a member of an employee’s immediate family or household contracts or develops a serious illness or sustains a serious injury or dies however it is silent in relation to compassionate leave for stillbirth/miscarriage as is provided by s.104(1)(b) and (c) of the Act.
Public holiday substitution: Clause 49.8 of the Agreement provides with the agreement of employees; the company may substitute another day for any day prescribed. This appears to be inconsistent with s.115 of the Act which provides for substitution of public holidays by agreement between an employer and an individual employee.
Personal/carers leave: Clause 41.8 of the Agreement states an employee on personal or carers leave “must inform an appropriate person as early as reasonably possible of the reason for their absence and an estimate of its duration”. This may not be consistent with s.107 of the act which provides that notice must be given as soon as practicable (which may be a time after the leave has started).
Redundancy: Clause 55.4 provides that redundancy does not apply where an employee receives an offer of acceptable alternative employment. However, we note that this clause is not subject to an application being made to the Commission per s. 120 of the Act.
Clause 6.1 of the Agreement acts as an effective NES precedence clause, in that it states that “The NES and this Agreement contain the minimum conditions of employment for Employees covered by this Agreement. Should any term of this Agreement be less favourable to an Employee than the NES, the NES will prevail over the term to the extent that the term is less favourable”. As a result of the NES precedence clause, the above clauses will not apply to the extent that they are inconsistent with the NES.
The Applicant has provided written undertakings, dated 21 August 2025, 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) did not express any view on 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 “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.
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 31 August 2028.
COMMISSIONER
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Annexure A
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