Autonexus Pty Limited

[2024] FWCA 2905

[2024] FWCA 2905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Autonexus Pty Limited

(AG2024/2628)

AUTONEXUS ENTERPRISE AGREEMENT - BRUNSWICK FLEET CONVERSIONS 2024

Vehicle industry
COMMISSIONER ALLISON	MELBOURNE, 8 AUGUST 2024

Application for approval of the Autonexus Enterprise Agreement – Brunswick Fleet Conversions 2024

1. Autonexus Pty Limited (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Autonexus Enterprise Agreement – Brunswick Fleet Conversions 2024 (the Agreement).

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 Notice of Employee Representational Rights (NERR) that was issued to the employees was not in the prescribed form. However, I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

1. I note that the Agreement does not contain a delegates’ rights term as required by s.205A of the Act. The Employer provided submissions and documentation that the employees to be covered were asked to vote on the Agreement on 24 June 2024, and accordingly, pursuant to transitional legislation[1] the Commission must disregard s.205A of the Act in considering an approval application. I accept this submission.

1. The Agreement does not define a shiftworker for the purposes of the National Employment Standards (NES), as required by s.196 of the Act. The Employer provided an undertaking to resolve this issue.

1. The Agreement is silent on pay rates for apprentices. The Employer has confirmed that while it does not ordinarily engage apprentices, it would like to have the option of employing them in the future. The Employer provided a written undertaking setting out the rates of pay for apprentices under the Agreement.

1. 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.

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. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Annexure A

[1] Fair Work Legislation Amendment (Closing Loopholes) Act 2023, Schedule 1, Part 18, Item 96.

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