Lubrizol International, Inc. Summary

[2014] FWCA 8580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lubrizol International, Inc.
(AG2014/8209)

LUBRIZOL INTERNATIONAL, INC. ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 28 NOVEMBER 2014

Application for approval of the Lubrizol International, Inc. Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lubrizol International, Inc. Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lubrizol International, Inc. (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2014. The nominal expiry date of the Agreement is 28 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Lubrizol International, Inc. applied for the approval of the Enterprise Agreement 2014, which sought to establish terms and conditions of employment for employees of the company. The dispute centred on whether the agreement complied with the relevant legislative framework and whether it provided for the fair treatment of employees.

The legal issues before the Commission were whether the provisions of the agreement were in accordance with the Fair Work Act 2009, including whether the agreement provided for fair and reasonable terms, and whether it included appropriate dispute resolution mechanisms. Additionally, the Commission needed to consider whether the agreement was negotiated in good faith and whether it provided for the protection of employees' rights.

The Commission found that the agreement largely complied with the legislative requirements. The terms and conditions of employment were deemed fair and reasonable, and the dispute resolution mechanisms were appropriate. The Commission also concluded that the agreement was negotiated in good faith and provided adequate protection for employees' rights. Based on these findings, the Commission approved the Enterprise Agreement 2014.

The Fair Work Commission approved the Lubrizol International, Inc. Enterprise Agreement 2014, determining that it complied with the Fair Work Act 2009 and provided fair terms and conditions of employment.

Lubrizol International, Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established