National Union of Workers Summary

[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.

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The applicant, the National Union of Workers, sought the court's approval of the Fuchs Lubricants (Australasia) Pty Ltd National Union of Workers Agreement 2017. The dispute arose from the union's request to have the agreement recognised as a registered instrument under the Fair Work Act 2009. The application was heard in the Fair Work Commission, presided over by Deputy President F Moriarty.

The primary legal issue before the court was whether the agreement met the statutory requirements for registration as a registered agreement. Specifically, the court had to consider whether the agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work Act. The union argued that the agreement had been negotiated in good faith and met all necessary criteria for registration. Conversely, Fuchs Lubricants (Australasia) Pty Ltd contended that certain provisions of the agreement were not genuinely negotiated and thus should not be registered.

In rendering its decision, the court examined the negotiation process and the content of the agreement. Deputy President Moriarty found that the agreement had been genuinely negotiated and contained provisions that complied with the statutory requirements. The court determined that the union had demonstrated a genuine intention to negotiate and that the final agreement reflected a fair and reasonable outcome for both parties. As such, the court approved the registration of the Fuchs Lubricants (Australasia) Pty Ltd National Union of Workers Agreement 2017 as a registered agreement.

The court's final orders were that the Fuchs Lubricants (Australasia) Pty Ltd National Union of Workers Agreement 2017 be registered as a registered agreement under the Fair Work Act. The union was directed to lodge the approved agreement with the Fair Work Commission within the specified timeframe. This decision provided clarity for both parties regarding the enforceability of the agreement and its registration as a legally binding instrument.

National Union of Workers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established