National Union of Workers

[2017] FWCA 4492

[2017] FWCA 4492

The attached document replaces the document previously issued with the above code on 30 August 2017.

The letter ‘s’ has been added to the end of the first word in the name of the agreement so it reads ‘Fuchs’.

Member Support Research Team
On behalf of Commissioner Wilson

30 August 2017

[2017] FWCA 4492

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

National Union of Workers

(AG2017/2871)

Fuch Lubricants (Australasia) Pty Ltd - National Union of Workers Agreement 2017

Oil and gas industry
Commissioner WILSON	MELBOURNE, 30 AUGUST 2017

Application for approval of the Fuchs Lubricants (Australasia) Pty Ltd National Union of Workers Agreement 2017.

1. An application has been made for approval of an enterprise agreement known as the Fuch Lubricants (Australasia) Pty Ltd - National Union of Workers Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers. The Agreement is a single enterprise agreement.

1. The Applicant 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.

1. 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.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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APPENDIX A