Fuchs Lubricants (Australasia) Pty Ltd T/A Fuchs

[2023] FWCA 580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Fuchs Lubricants (Australasia) Pty Ltd T/A Fuchs

(AG2023/246)

Fuchs Lubricants (Australasia) Pty Ltd - Beresfield Workplace Agreement 2023

Oil and gas industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 22 FEBRUARY 2023

Application for approval of the Fuchs Lubricants (Australasia) Pty Ltd - Beresfield Workplace Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Fuchs Lubricants (Australasia) Pty Ltd - Beresfield Workplace Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Fuchs Lubricants (Australasia) Pty Ltd T/A Fuchs (Employer). The Agreement is a single enterprise agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and Australian Workers’ Union (AWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fuchs Lubricants (Australasia) Pty Ltd, trading as Fuchs, applied to the Fair Work Commission for the approval of the Fuchs Lubricants (Australasia) Pty Ltd - Beresfield Workplace Agreement 2023. The application was made under the Fair Work Act 2009, seeking the Commission’s endorsement of the agreement that had been negotiated between the company and its employees represented by the Australian Manufacturing Workers’ Union. The dispute centred on the terms and conditions of employment for employees at the Beresfield site, including wages, hours of work, and other employment-related matters.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, particularly in terms of ensuring it was a simple, fair, and adaptable workplace agreement. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and if it allowed for flexibility and adaptability in the workplace. Additionally, the Commission examined whether the agreement was negotiated in good faith and whether it provided for the resolution of any future disputes that might arise.

In making its decision, the Commission considered the contents of the agreement and the context in which it was negotiated. The Commission found that the agreement met the necessary criteria as it provided for fair and reasonable terms and conditions of employment, and it allowed for flexibility and adaptability in the workplace. The Commission was satisfied that the agreement was negotiated in good faith and that it contained adequate mechanisms for the resolution of future disputes. Consequently, the Commission approved the Fuchs Lubricants (Australasia) Pty Ltd - Beresfield Workplace Agreement 2023, endorsing it as a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established