Application by Ixom Operations Pty Ltd Trading AS Ixom
Citation: [2026] FWCA 1865
What happened
Ixom Operations Pty Ltd sought approval for a new enterprise agreement, the IXOM Operations Pty Ltd Chlor Alkali Botany NSW Enterprise Agreement 2026. The Australian Workers’ Union (AWU) was involved in bargaining and supports the agreement's approval. Clause 4.2 states that National Employment Standards take precedence where there is an inconsistency and greater benefit to employees. Some clauses were examined for consistency with existing awards and legislation.
What was decided
The Fair Work Commission approved the IXOM Operations Pty Ltd Chlor Alkali Botany NSW Enterprise Agreement 2026. The Commissioner found the agreement met all relevant requirements of the Fair Work Act 2009. Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the agreement under section 205(2)(b) of the Act. The agreement will operate from July 23, 2026, and expire on May 31, 2029.
What it means for employers
Employers seeking to implement enterprise agreements must ensure consistency with National Employment Standards. They should also be aware that clauses in existing awards may automatically become terms of the agreement under the Fair Work Act.
What it means for employees
Employees covered by this agreement will benefit from the terms outlined, but where there is a conflict between the agreement and the National Employment Standards, the NES will prevail. The AWU is covered by the agreement.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections