DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Limited
(AG2020/3078)

AUTONEXUS ENTERPRISE AGREEMENT – GREYSTANES WAREHOUSE OPERATIONS 2020

Vehicle industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 OCTOBER 2020

Application for approval of the AutoNexus Enterprise Agreement - Greystanes Warehouse Operations 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the AutoNexus Enterprise Agreement - Greystanes Warehouse Operations 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2020. The nominal expiry date of the Agreement is 2 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AutoNexus Pty Limited applied to the Fair Work Commission for approval of the AutoNexus Enterprise Agreement - Greystanes Warehouse Operations 2020. The application was made under the Fair Work Act 2009. The dispute arose as the applicant and the respondents, who included several unions, could not reach an agreement on the terms of the proposed enterprise agreement. The unions argued that the proposed agreement did not adequately protect the employees' rights and conditions.

The primary legal issue the Commission needed to address was whether the proposed agreement met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement was a "single, integrated and coherent" document that complied with the formal requirements and whether it contained all the necessary minimum terms. Furthermore, the Commission had to ensure the agreement did not disadvantage employees and was made in good faith.

In reaching its decision, the Commission considered the provisions of the proposed agreement and the submissions from both parties. The Commission noted that the agreement included all the prescribed minimum terms and was a single, integrated document. It also found that the agreement did not disadvantage employees and had been made in good faith. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved it.

The Commission made an order approving the AutoNexus Enterprise Agreement - Greystanes Warehouse Operations 2020, effective from the date of the decision. The agreement now serves as the basis for the employment conditions of the employees covered by the agreement.

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