Autonexus Pty Limited T/A Autonexus

[2024] FWCA 2728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Autonexus Pty Limited T/A Autonexus

(AG2024/2526)

AUTONEXUS ENTERPRISE AGREEMENT - CHULLORA WAREHOUSE OPERATIONS 2023

Vehicle industry
DEPUTY PRESIDENT CROSS	SYDNEY, 25 JULY 2024

Application for approval of the AutoNexus Enterprise Agreement - Chullora Warehouse Operations 2023

An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - Chullora Warehouse Operations 2023 (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 T/A Autonexus. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2024. The nominal expiry date of the Agreement is 25 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Autonexus Pty Limited, trading as AutoNexus, applied to the Fair Work Commission for the approval of the AutoNexus Enterprise Agreement – Chullora Warehouse Operations 2023. The application involved workers who were employed at the Chullora warehouse and sought to formalise their employment terms and conditions under the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The central legal issue before the Commission was whether the proposed agreement satisfied the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement provided fair and reasonable terms for the employees, and whether it complied with the procedural requirements for enterprise agreements. This included verifying that the agreement had been fairly negotiated and that it contained the appropriate minimum terms as prescribed by the Act.

In reaching its decision, the Commission examined the negotiation process, the contents of the agreement, and the compliance with legislative requirements. The Commission found that the agreement had been negotiated in good faith and that it contained all the mandated minimum terms. The Commission also noted that the agreement provided for fair and reasonable terms for the employees, considering their specific working conditions and needs. Based on these findings, the Commission approved the AutoNexus Enterprise Agreement – Chullora Warehouse Operations 2023, confirming its compliance with the relevant provisions of the Fair Work Act 2009.

As a result of the Commission’s approval, the AutoNexus Enterprise Agreement – Chullora Warehouse Operations 2023 is now legally binding for the employees covered by the agreement. This decision ensures that the terms and conditions of employment for the workers at the Chullora warehouse are formally recognised and protected under the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established