Auto & General Holdings Pty Ltd Trading AS Auto & General Holdings Summary

[2025] FWCA 2536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Auto & General Holdings Pty Ltd Trading AS Auto & General Holdings

(AG2025/2175)

AUTO & GENERAL ENTERPRISE AGREEMENT 2025

Banking finance and insurance industry
DEPUTY PRESIDENT CROSS	SYDNEY, 31 JULY 2025

Application for approval of the Auto & General Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Auto & General Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Auto & General Holdings Pty Ltd Trading AS Auto & General Holdings. The Agreement is a single enterprise agreement.

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.

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.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Banking, Finance and Insurance Award 2020 is taken to be a term of the Agreement.

The Finance Sector Union of Australia 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 7 August 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Auto & General Holdings Pty Ltd, trading as Auto & General Holdings, and the Australian Manufacturing Workers' Union. The dispute centred on the application for approval of the Auto & General Enterprise Agreement 2025. The application was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for an enterprise agreement under the Act, including the necessity of being in writing, the need for genuine bargaining, and the agreement's alignment with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission examined the evidence provided by the parties to ascertain whether the agreement was genuinely negotiated between the employer and the union. The Commission assessed the bargaining process, the content of the agreement, and whether it complied with the statutory provisions. The union presented evidence demonstrating that the agreement was the product of genuine negotiations, with both parties engaging in a fair and meaningful process. The employer, on the other hand, argued that certain provisions of the agreement were not reflective of genuine bargaining. After evaluating the submissions and evidence, the Commission found that the agreement was indeed the result of genuine bargaining and was in compliance with the statutory requirements.

The Fair Work Commission approved the Auto & General Enterprise Agreement 2025, recognising it as a lawful and binding agreement. The decision was grounded in the evidence of genuine negotiations and the agreement's compliance with the Fair Work Act 2009. The Commission emphasised the importance of genuine bargaining and the necessity for the agreement to be in writing and aligned with the statutory provisions. The final orders of the Commission included the approval of the Auto & General Enterprise Agreement 2025, effective from the date of the decision. This decision serves as a precedent for future enterprise agreements and highlights the importance of genuine negotiations and compliance with the relevant legislative framework.

Auto & General Holdings Pty Ltd Trading AS Auto & General Holdings

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established