AutoNexus Pty Limited

[2021] FWCA 1342

[2021] FWCA 1342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Limited
(AG2021/383)

AUTONEXUS ENTERPRISE AGREEMENT - QLD & SA VEHICLE OPERATIONS 2020

Vehicle industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 15 MARCH 2021

Application for approval of the AutoNexus Enterprise Agreement - QLD & SA Vehicle Operations 2020.

[1] AutoNexus Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - QLD & SA Vehicle Operations 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] I observe that clause 16.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 15 March 2021 and, in accordance with s 54, will operate from 22 March 2021. The nominal expiry date of the Agreement is 15 March 2024.

DEPUTY PRESIDENT

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Annexure A