DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Limited
(AG2020/3420)

AUTONEXUS ENTERPRISE AGREEMENT - NSW VEHICLE OPERATIONS 2020

Vehicle industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 NOVEMBER 2020

Application for approval of the AutoNexus Enterprise Agreement - NSW Vehicle Operations 2020.

[1] An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - NSW Vehicle Operations 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AutoNexus Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 30 November 2020 and, in accordance with s.54, will operate from 7 December 2020. The nominal expiry date of the Agreement is 29 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AutoNexus Pty Limited sought approval for the AutoNexus Enterprise Agreement - NSW Vehicle Operations 2020, a dispute that was heard in the Fair Work Commission. The application for approval was contested by the Motor Trades Association of NSW, who argued that the proposed agreement contained unfair terms. The dispute centred on the fairness of several clauses within the agreement, including those related to the dismissal of employees, the handling of grievances, and the classification of employees.

The Fair Work Commission was required to assess the fairness of the disputed clauses, taking into account the principles of procedural fairness, the balance of rights and obligations, and the overall fairness of the agreement. The Commission examined the evidence presented by both parties, including submissions on the terms of the agreement and the impact of the clauses on employees. It considered whether the terms were reasonable in the circumstances and whether they provided an appropriate balance between the interests of the employer and the employees.

In its decision, the Fair Work Commission found that the disputed clauses were fair and did not contravene the principles of procedural fairness or the balance of rights and obligations. The Commission concluded that the agreement was fair overall, taking into account the nature of the work, the bargaining positions of the parties, and the need to provide for the orderly resolution of workplace disputes. The application for approval was subsequently granted.

The Fair Work Commission ordered that the AutoNexus Enterprise Agreement - NSW Vehicle Operations 2020 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now apply to the relevant employees and employers, providing a framework for their employment relationship. The decision provides clarity for the parties involved and sets a precedent for similar agreements in the industry.

AutoNexus Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established