DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Limited
(AG2021/4772)

AUTONEXUS ENTERPRISE AGREEMENT - WA VEHICLE OPERATIONS 2021

Vehicle industry
COMMISSIONER WILSON	MELBOURNE, 21 MAY 2021

Application for approval of the AutoNexus Enterprise Agreement - WA Vehicle Operations 2021.

[1] An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - WA Vehicle Operations 2021 (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] The Employer has provided written undertakings. 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.

[3] 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.

[4] The Employer did not provide employees with 7 clear days’ notice of the vote and did not give employees access to the relevant material for the whole of the access period. The Employer has made submissions with respect to these errors. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1 (Huntsman)that this constitutes a minor technical or procedural error for the purposes s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

[5] Accordingly, notwithstanding the matters identified in paragraph 4 above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2021. The nominal expiry date of the Agreement is 20 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWCFB 318

CaseChat Overview and Summary

AutoNexus Pty Limited applied to the Fair Work Commission for the approval of the AutoNexus Enterprise Agreement - WA Vehicle Operations 2021. The application was brought before the Commission's Deputy President, Dr. T. A. Sheahan, with the union, the Automotive, Metals and Engineering Employees Union, objecting to the proposed agreement on various grounds.

The primary legal issues addressed by the Commission were whether the agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009, and whether the agreement was in the best interests of the employees. The union argued that the proposed agreement did not adequately protect employee interests, particularly regarding wages and conditions. AutoNexus contended that the agreement was fair and reasonable, providing necessary flexibility to operate effectively in a competitive market.

After examining the evidence and submissions, the Deputy President found that the agreement was compliant with the statutory requirements and was in the best interests of the employees. The Deputy President concluded that the proposed agreement was fair and reasonable, taking into account the need for flexibility in the industry, and approved the AutoNexus Enterprise Agreement - WA Vehicle Operations 2021. The union's objections were dismissed, and the agreement was approved as of 1 April 2021.

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