Autonexus Pty Limited Trading AS Autonexus

[2025] FWCA 765

[2025] FWCA 765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Autonexus Pty Limited Trading AS Autonexus

(AG2025/201)

AUTONEXUS ENTERPRISE AGREEMENT - MULGRAVE WAREHOUSE OPERATIONS 2024

Vehicle industry
COMMISSIONER ALLISON	MELBOURNE, 27 FEBRUARY 2025

Application for approval of the AutoNexus Enterprise Agreement - Mulgrave Warehouse Operations 2024

1. Autonexus Pty Ltd T/A Autonexus (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the AutoNexus Enterprise Agreement – Mulgrave Warehouse Operations 2024 (the Agreement).

1. The United Workers’ Union (UWU) 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 UWU.

1. The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the “AutoNexus Enterprise Agreement – Mulgrave Warehouse Operations 2021” which does not match the title of the Agreement to be approved. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

1. The following provisions may be inconsistent with the National Employment Standards (NES):

·  Clause 9.1, relating to the provision of notice for personal leave, may provide a more stringent notice requirement than s.107(2) of the Act.

·  Clause 12, relating to compassionate leave, is silent on the ability of an employee to take compassionate leave in cases of stillbirth or miscarriage, as provided for in s.104 of the Act.

· Annexure 1, which states that casual employees have no access to paid leave, may be inconsistent with s.106A of the Act, which provides for paid family and domestic violence leave for all employees, including casuals. It may also be inconsistent with s. 113 of the Act and the Long Service Leave Act 2018 (Vic).

1. 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.

1. Clause 15.5 of the Agreement, which defines afternoon shift, provides a narrower window for the triggering of afternoon shift penalties than the Award, which may disadvantage part time employees. The Employer has provided an undertaking to resolve this issue (See 1 and 2 of Annexure A).

1. Clause 17.5 of the Agreement, which provides that casual employees will receive 175% of their base hourly rate of pay for all overtime worked, is less beneficial than the Award which provides for overtime to be paid at a rate of 225% for overtime worked in excess of 3 hours. The Employer provided an undertaking to resolve this issue (See 6 of Annexure A).

1. Both clauses 17.5 and 17.13 provide an entitlement for casuals to receive overtime at 150% of the hourly rate, however clause 17.5 also clarifies that this is in addition to the casual loading of 25%. The inclusion of both of these clauses may cause ambiguity. To resolve this concern, the Employer has provided an undertaking that clause 17.13 will not apply (See 7 of Annexure A).

1. The Agreement is silent on the entitlement to a shift penalty when less than 5 successive afternoon or night shifts are worked. Such an entitlement is provided for a 25.3 of the Award. I accept the Employer’s submissions that it is reasonably unforeseeable that night shift will operate on site. In relation to non- successive afternoon shifts, the Employer has provided an undertaking that clause 25.3 of the Award will apply (See 3 of Annexure A).

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2025. The nominal expiry date of the Agreement is 27 February 2028.

COMMISSIONER

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Annexure A