DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Fuchs Lubricants (Australasia) Pty Ltd
(AG2020/2012)

FUCHS LUBRICANTS (AUSTRALASIA) PTY LTD - NATIONAL UNION OF WORKERS AGREEMENT 2014

Oil and gas industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 AUGUST 2020

Application for approval of the Fuchs Lubricants (Australasia) Pty Ltd - National Union of Workers Agreement 2017.

[1] An application has been made for approval of a variation to the Fuchs Lubricants (Australasia) Pty Ltd - National Union of Workers Agreement 2017 (the Agreement). The application was made by Fuchs Lubricants (Australasia) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
30 August 2017. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 28 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Fuchs Lubricants (Australasia) Pty Ltd, the Fair Work Commission heard an application for the approval of the Fuchs Lubricants (Australasia) Pty Ltd – National Union of Workers Agreement 2017. The parties involved were Fuchs Lubricants (Australasia) Pty Ltd, represented by counsel, and the National Union of Workers, represented by its officials. The dispute centred around the procedural fairness and compliance of the proposed enterprise agreement with the relevant legislative and regulatory frameworks.

The court was required to determine whether the application for approval of the enterprise agreement was made in accordance with the relevant provisions of the Fair Work Act 2009. Specifically, the court examined whether the agreement was certified as a genuine agreement, whether the union had provided the requisite bargaining representative certificates, and whether the application was made within the prescribed time limits. Furthermore, the court considered whether the agreement met the minimum standards set out in the Fair Work Act, including the provision of appropriate safeguards for employees.

In its decision, the Fair Work Commission found that the application for approval was compliant with the statutory requirements. The court noted that the agreement had been certified as genuine, the requisite bargaining representative certificates were provided, and the application was made within the prescribed time limits. The court also found that the agreement met the minimum standards set out in the Fair Work Act. As such, the court approved the Fuchs Lubricants (Australasia) Pty Ltd – National Union of Workers Agreement 2017.

The Fair Work Commission ordered that the Fuchs Lubricants (Australasia) Pty Ltd – National Union of Workers Agreement 2017 be approved and registered. The court's decision ensures that the agreement will now be in effect, providing a framework for the employment relationship between Fuchs Lubricants (Australasia) Pty Ltd and its employees as represented by the National Union of Workers.

Fuchs Lubricants (Australasia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established