Application for approval of the Fuchs Lubricants (Australasia) Pty Ltd - Beresfield Enterprise Agreement 2026

[1] Fuchs Lubricants (Australasia) Pty Ltd has applied for approval of a single enterprise agreement known as the Fuchs Lubricants (Australasia) Pty Ltd - Beresfield Enterprise Agreement 2026 ("Agreement"). The application is made under section 185 of the Fair Work Act 2009 ("Act").

[2] There is a minor matter arising in relation to the notice of employee representational rights. It named the agreement that was to be the subject of bargaining as the "Fuchs Lubricants (Australasia) Pty. Ltd Enterprise Agreement 2026". I consider this to be a minor procedural or technical error of the nature contemplated by section 188(5) of the Act. I am satisfied that the relevant employees are not likely to have been disadvantaged by the error. As a result, I will disregard it.

[3] Clause 7.4 of the Agreement provides that nothing in this Agreement is intended to result in a reduction to any condition an employee is entitled to under the National Employment Standards, and any term of the Agreement that would operate to that effect will not apply. Having regard to that clause, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of the Agreement:

• (1) Clause 14.1.5 of the Agreement purports to exclude apprentices from the entitlement to receive notice of termination of employment.

• (2) Clause 28.1.1(a) defines "child" or the purposes of adoption leave as a person under the age of five years. This is inconsistent with section 68(a) of the Act, which provides that a child for the purposes of adoption leave is a child under 16.

[4] The consultation clause in the Agreement (clause 8) does not provide for consultation over changes to regular rosters and ordinary hours of work. However, the Agreement incorporates the Oil Refining and Manufacturing Award 2020 (clause 7.1). It follows that clause 31 of the Award (Consultation about changes to rosters or hours of work) is a term of the Agreement.

[5] I observe that clause 29A of the Award (Workplace delegates' rights) is similarly incorporated into the Agreement. It is supplemented by clause 36 of the Agreement.

[6] Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to the application have been met.

[7] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union", known as the Australian Manufacturing Workers' Union ("AMWU") and the Australian Workers' Union ("AWU") were bargaining representatives for the Agreement. The AMWU supports approval of the Agreement. Each of the unions has given notice under section 183 of the Act that they want the Agreement to cover them. As required by section 201(2) of the Act, I note that the Agreement covers the AMWU and the AWU.

[8] The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 13 March 2026. The nominal expiry date of the Agreement is 31 December 2028.

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