Autonexus Pty Limited T/A Autonexus Pty Limted

[2024] FWCA 885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Autonexus Pty Limited T/A Autonexus Pty Limted

(AG2024/407)

AUTONEXUS ENTERPRISE AGREEMENT - MOOREBANK WAREHOUSE OPERATIONS 2023

Vehicle industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 MARCH 2024

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

An application has been made for approval of an enterprise agreement to be known as the AutoNexus Enterprise Agreement - Moorebank Warehouse Operations 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Autonexus Pty Limited Trading As Autonexus Pty Limted (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2024. The nominal expiry date of the Agreement is 11 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Autonexus Pty Limited trading as Autonexus, applied to the Fair Work Commission for approval of the AutoNexus Enterprise Agreement - Moorebank Warehouse Operations 2023. The applicant sought to have the agreement approved as a single interest employer agreement under the Fair Work Act 2009. The application was made in accordance with section 231 of the Act. The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act and was in the best interests of the employees covered by the agreement. The Commission had to determine if the agreement met the criteria for approval, including whether it provided for minimum terms and conditions of employment, and whether it was made in good faith and without coercion.

The Commission found that the agreement contained terms that complied with the minimum terms and conditions specified in the Fair Work Act. The agreement also provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and leave entitlements. The Commission was satisfied that the agreement was made in good faith and without coercion, and that it was in the best interests of the employees. The Commission noted that the agreement had been negotiated in a cooperative and transparent manner, and that it provided for a fair and reasonable balance of rights and obligations for both the employer and the employees.

Accordingly, the Commission approved the AutoNexus Enterprise Agreement - Moorebank Warehouse Operations 2023 as a single interest employer agreement under section 231 of the Fair Work Act. The agreement will now apply to the employees covered by the agreement, providing them with the terms and conditions of employment set out in the agreement. The approval of the agreement ensures that the employees will receive fair and reasonable terms and conditions of employment, and that their rights and interests are protected under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established