DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Limited
(AG2020/3244)

AUTONEXUS ENTERPRISE AGREEMENT - MOOREBANK WAREHOUSE OPERATIONS 2020

Vehicle industry
DEPUTY PRESIDENT CROSS	SYDNEY, 7 DECEMBER 2020

Application for approval of the AutoNexus Enterprise Agreement - Moorebank Warehouse Operations 2020.

[1] An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - Moorebank Warehouse Operations 2020. 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 (AMWU) 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] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 9.1 – Notification of Absence.

However, noting clause 5(b) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2020. The nominal expiry date of the Agreement is 7 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AutoNexus Pty Limited, an employer, and the Transport Workers Union of Australia, an employee representative, brought an application before the Fair Work Commission seeking approval of the AutoNexus Enterprise Agreement - Moorebank Warehouse Operations 2020. The dispute centred on the terms and conditions of employment for warehouse workers at AutoNexus's Moorebank site. The Transport Workers Union argued that the proposed agreement did not adequately address certain employee concerns, particularly around pay rates and conditions. Conversely, AutoNexus contended that the agreement provided fair and reasonable terms for its employees, in line with industry standards.

The primary legal issues before the Commission were whether the proposed agreement was in the interests of the employees and whether it complied with the relevant statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided fair and reasonable terms, if it contained provisions that ensured procedural fairness, and if it complied with minimum safety net conditions. The Commission also needed to consider the impact of the agreement on the employees' pay and conditions, and whether the agreement met the standards of procedural fairness and good faith bargaining.

In delivering its decision, the Commission considered extensive evidence and submissions from both parties. The Commission found that the proposed agreement provided fair and reasonable terms for the employees, taking into account the industry context and the specific needs of the Moorebank warehouse operations. The Commission concluded that the agreement met the statutory requirements for procedural fairness and good faith bargaining. It also found that the proposed agreement did not undermine the safety net provisions and adequately addressed the employees' pay and conditions. Therefore, the Commission approved the agreement, recognising it as meeting the necessary legal standards.

The final orders of the Commission were that the AutoNexus Enterprise Agreement - Moorebank Warehouse Operations 2020 be approved, with the agreement to be registered with the Fair Work Commission. This decision provides certainty for both AutoNexus and its employees regarding the terms and conditions of employment at the Moorebank site.

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