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

[2020] FWCA 6643

[2020] FWCA 6643

FAIR WORK COMMISSION

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

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Annexure A