AutoNexus Pty Limited

[2021] FWCA 2743

[2021] FWCA 2743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AutoNexus Pty Limited
(AG2021/4806)

AUTONEXUS ENTERPRISE AGREEMENT - MULGRAVE WAREHOUSE OPERATIONS 2021

Vehicle industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 MAY 2021

Application for approval of the AutoNexus Enterprise Agreement - Mulgrave Warehouse Operations 2021.

[1] AutoNexus Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - Mulgrave Warehouse Operations 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Employees were not provided with 7 clear days notice of the place and method of the vote as required by section 180(3) of the Act. The Employer provided submissions as to this error on 12 May 2021. 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.

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

[4] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[6] The Agreement was approved on 17 May 2021 and, in accordance with s 54, will operate from 24 May 2021. The nominal expiry date of the Agreement is 17 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511465  PR729824>

 1   [2019] FWCFB 318

Annexure A