AutoNexus Pty Limited
[2023] FWCA 1518
•26 MAY 2023
| [2023] FWCA 1518 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
AutoNexus Pty Limited
(AG2023/1068)
AUTONEXUS ENTERPRISE AGREEMENT - NSW VEHICLE OPERATIONS 2023
| Vehicle industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 26 MAY 2023 |
Application for approval of the AutoNexus Enterprise Agreement - NSW Vehicle Operations 2023
An application has been made for approval of an enterprise agreement to be known as the AutoNexus Enterprise Agreement - NSW Vehicle Operations 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by AutoNexus Pty Limited (Employer). The Agreement is a single enterprise agreement.
There was an issue raised by the Commission with the Employer regarding the provision of relevant documentation to relevant employees only six days prior to the vote to approve the Agreement (i.e. as opposed to seven clear days as required by ss. 180(3) and (5) of the Act). Having regard to the submissions of the Employer, I find this issue to be a minor procedural and/or technical error.[1] I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding the error.[2] I am also satisfied that the employees covered by the Agreement are not likely to have been disadvantaged by the error.[3]
Undertakings
The Employer has provided written undertakings dated 26 May 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Vehicle Repair, Services and Retail Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, 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.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2023. The nominal expiry date of the Agreement is 26 May 2026.
DEPUTY PRESIDENT
Annexure A
[1] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
[2] Ibid.
[3] Ibid.
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