DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Limited
(AG2020/2673)

AUTONEXUS ENTERPRISE AGREEMENT - CHULLORA WAREHOUSE OPERATIONS 2020

Vehicle industry
DEPUTY PRESIDENT CROSS	SYDNEY, 6 OCTOBER 2020

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

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

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 6 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of AutoNexus Pty Limited, the Fair Work Commission was asked to approve the AutoNexus Enterprise Agreement - Chullora Warehouse Operations 2020. The agreement was submitted by the applicant, AutoNexus Pty Limited, a company involved in the automotive industry. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the procedural and substantive requirements for enterprise agreements, ensuring it was made in good faith, covered the necessary terms and conditions of employment, and did not adversely affect employees' rights.

The primary legal issues before the Commission were whether the agreement had been made in good faith, as mandated by section 173 of the Fair Work Act, and whether it provided for minimum terms as required by section 234 of the Act. Additionally, the Commission examined if the agreement was consistent with the national employment standards and if it contained provisions that were contrary to the public interest. The applicant needed to demonstrate that the agreement had been fairly negotiated and that it provided for fair and reasonable terms for the employees covered by it.

The Fair Work Commission found that the agreement met all the necessary requirements for approval. The Commission noted that the applicant had provided evidence of the negotiation process, which satisfied the good faith requirement. The agreement was also found to include all minimum terms and conditions as required by the Act, and there were no provisions that were contrary to public interest. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees, and it approved the agreement as meeting the statutory requirements.

The Fair Work Commission approved the AutoNexus Enterprise Agreement - Chullora Warehouse Operations 2020, effective from the date of the decision. The agreement was certified, and it was noted that it would apply to the employees covered by it from that date onwards. The decision provided clarity and certainty for both the employer and the employees regarding the terms and conditions of employment under the new 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