DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Limited
(AG2020/3943)

AUTONEXUS ENTERPRISE AGREEMENT – BRUNSWICK FLEET CONVERSIONS 2020

Vehicle industry
COMMISSIONER WILSON	MELBOURNE, 27 JANUARY 2021

Application for approval of the AutoNexus Enterprise Agreement - Brunswick Fleet Conversions 2020.

[1] An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - Brunswick Fleet Conversions 2020 (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 "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2021. The nominal expiry date of the Agreement is 27 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AutoNexus Pty Limited applied to the Fair Work Commission for the approval of the AutoNexus Enterprise Agreement - Brunswick Fleet Conversions 2020. The agreement was intended to govern the terms and conditions of employment for certain employees of AutoNexus. The application was contested by the National Tertiary Education Industry Union, which argued that the agreement did not comply with various statutory requirements.

The central legal issues before the Commission were whether the agreement was properly certified as a single interest enterprise agreement and whether it met the requirements of section 230 of the Fair Work Act 2009. The Commission had to determine whether the agreement was made in good faith and whether it was procedurally fair, particularly in light of the union's contention that it had not been genuinely consulted during the bargaining process. Additionally, the Commission needed to ensure that the agreement did not unfairly discriminate against any group of employees or contravene any provisions of the National Employment Standards.

The Commission found that the agreement was properly certified and made in good faith. It was satisfied that the bargaining process was procedurally fair and that the union had been genuinely consulted. The Commission noted that the agreement contained provisions that were no less favourable than the relevant award and met the requirements of the National Employment Standards. The union's arguments regarding procedural fairness were rejected, and the Commission concluded that the agreement was fair and reasonable in all respects. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the AutoNexus Enterprise Agreement - Brunswick Fleet Conversions 2020, effective from 1 July 2020. The agreement was registered on the Register of Approved Agreements, and the parties were directed to give each other notice of its approval and registration. The Commission's decision was final and binding, and the agreement became the governing instrument for the employment of the relevant employees.

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