Ixom Operations Pty Ltd Trading AS Ixom Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

Ixom Operations Pty Ltd Trading as Ixom applied for approval of the IXOM Operations Pty Ltd (Chloralkali Laverton Site) Enterprise Agreement 2025. The applicant is an employer, and the respondent is the Australian Council of Trade Unions (ACTU). The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement, as defined by the Act, and whether it complied with the procedural and substantive requirements set out in the legislation. This included assessing whether the agreement was negotiated in good faith, provided for a safety net of minimum terms and conditions, and did not adversely affect the public interest. The Commission also considered the extent to which the agreement provided for a fair and efficient workplace.

The Commission found that the agreement was genuinely negotiated and contained terms and conditions that met the safety net requirements. It was concluded that the agreement was fair and efficient, and would not adversely affect the public interest. The Commission approved the agreement, noting that it provided for a comprehensive set of terms and conditions that would benefit both the employer and employees. The agreement was approved subject to certain modifications, which the parties were required to implement within a specified timeframe.

The Commission ordered that the agreement be registered and that the parties take all necessary steps to give effect to the agreement. The modifications to the agreement were to be implemented within 30 days of the registration, and the parties were required to report to the Commission on the progress of implementation. The agreement was to be in effect from the date of registration until 31 December 2025, subject to any further orders of the Commission.

Ixom Operations Pty Ltd Trading AS Ixom

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