DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fuchs Lubricants (Australasia) Pty Ltd T/A Fuchs Lubricants (Australasia) Pty Ltd
(AG2020/3378)

FUCHS LUBRICANTS (AUSTRALASIA) PTY LTD – BERESFIELD WORKPLACE AGREEMENT 2020

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 10 DECEMBER 2020

Application for approval of The Fuchs Lubricants (Australasia) Pty Ltd - Beresfield Workplace Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Fuchs Lubricants (Australasia) Pty Ltd - Beresfield Workplace Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fuchs Lubricants (Australasia) Pty Ltd T/A Fuchs Lubricants (Australasia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, 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.

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

[5] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• 24.1 - Notification for Absences.

However, noting clause 7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Fuchs Lubricants (Australasia) Pty Ltd, trading as Fuchs Lubricants (Australasia) Pty Ltd, applied for approval of a workplace agreement with its employees, represented by the Retail and Fast Food Workers Union. The dispute centred on the terms and conditions outlined in the proposed agreement, which the union contested on behalf of its members. The matter was heard by Deputy President Ryan, who was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The key legal issues before the Deputy President involved assessing whether the proposed agreement contained the mandated minimum terms and conditions, was made in good faith, and whether it provided for a fair and efficient workplace. The Deputy President also had to consider whether the agreement complied with the process requirements under the Act, including the provision of relevant information to employees and the opportunity for consultation. The union argued that the agreement failed to meet these criteria, particularly in relation to redundancy provisions and the process for employee representation.

In delivering his decision, Deputy President Ryan examined the evidence and submissions from both parties. He found that the agreement did include the minimum terms and conditions and was made in good faith. The Deputy President considered the process followed in reaching the agreement, including the provision of relevant information to employees, and concluded that it was adequate. He determined that the agreement was fair and efficient, and thus approved it under the Act. The union's objections were not sufficient to overturn the Deputy President's decision.

The final orders of the Commission were that the Fuchs Lubricants (Australasia) Pty Ltd - Beresfield Workplace Agreement 2020 be approved as a registered agreement under section 181 of the Fair Work Act 2009. The agreement was to be registered with the Commission and would come into effect from the date of the decision, binding all employees covered by the agreement.

Fuchs Lubricants (Australasia) Pty Ltd T/A 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