Application for approval of the Solvay Interox Pty Ltd Banksmeadow Site Enterprise Agreement 2025

[1] Solvay Interox Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Solvay Interox Pty Ltd Banksmeadow Site Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 28 February 2025 and the Agreement was made on 11 November 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

National Employment Standards (NES) Precedence Term

[3] Clause 3.8(b) of the agreement provides for 40 ordinary hours per week.

[4] Clause 3.1(c) provides the amount of notice of termination that the employer is provided to give an employee. This clause does not provide an additional week of notice if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.

[5] Clause 3.1(d) of the agreement states that in the event that the employee does not give the appropriate notice, then the Company may deduct the equivalent of a maximum of one week of an employee's salary provided that the period of outstanding notice exceeds one or more weeks.

[6] Clause 5.1(c) of the agreement provides that the Company may deduct reasonable costs considering the age and condition of protective clothing or equipment from an employee's final termination payment in the event that such equipment is not returned to the Company.

[7] Clause 4.5 of the agreement appears to be silent on the ability to take compassionate leave in cases of stillbirth or miscarriage.

[8] Clause 4.3(d) of the agreement states that where the employee shall be absent from employment, the employee shall notify the Company as soon as practicable but no later than twenty-four (24) hours after the commencement of the absence.

[9] Clause 4.6.1(a) of the agreement provides that an employee can use up to 10 days personal leave per annum for absences to provide care and support to such persons when they are ill.

[10] Clause 4.6.1(b) of the agreement provides that an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person and that the entitlement to use carer's leave is subject to the employer being responsible for the care of the person concerned.

[11] Clause 4.6.1(d) of the agreement provides that if it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

[12] Clause 4.6.2(a) of the agreement provides that an employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to an immediate family or household member who is ill and this entitlement shall also apply to casual employees.

[13] Clause 4.6.3(a) provides that an employee shall only be allowed to take a maximum of 5 single day annual leave absences in a 12 month period.

[14] Clause 4.7 of the agreement appears to require H²O² work group employees to work on public holidays.

[15] Clause 5.8(d) provides that severance pay is not payable where the employer finds the employee alternative permanent work however the provision is not subject to an application to the Commission.

[16] Paragraphs [2] - [14] contain clauses which may be inconsistent with the NES. I note that in accordance with the NES precedence term in Clause 6.1 of the Agreement, these clauses will be read and interpreted in conjunction with the NES.

[17] The employer 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. The undertakings are taken to be a term of the Agreement.

[18] Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, 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.

[19] The Australian Workers' Union (AWU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each union wants the Agreement to cover it.

[20] In accordance with s.201(2), I note that the Agreement covers the AWU, the AMWU and the CEPU.

[21] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2025. The nominal expiry date of the Agreement is 30 June 2029.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A