Fuchs Lubricants (Australasia) Pty Ltd T/A Fuchs
[2023] FWCA 580
•22 FEBRUARY 2023
| [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
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