Autonexus Pty Limited Summary

[2024] FWCA 2905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Autonexus Pty Limited

(AG2024/2628)

AUTONEXUS ENTERPRISE AGREEMENT - BRUNSWICK FLEET CONVERSIONS 2024

Vehicle industry
COMMISSIONER ALLISON	MELBOURNE, 8 AUGUST 2024

Application for approval of the Autonexus Enterprise Agreement – Brunswick Fleet Conversions 2024

Autonexus Pty Limited (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 – Brunswick Fleet Conversions 2024 (the Agreement).

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.

The Notice of Employee Representational Rights (NERR) that was issued to the employees was not in the prescribed form. However, 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.

I note that the Agreement does not contain a delegates’ rights term as required by s.205A of the Act. The Employer provided submissions and documentation that the employees to be covered were asked to vote on the Agreement on 24 June 2024, and accordingly, pursuant to transitional legislation[1] the Commission must disregard s.205A of the Act in considering an approval application. I accept this submission.

The Agreement does not define a shiftworker for the purposes of the National Employment Standards (NES), as required by s.196 of the Act. The Employer provided an undertaking to resolve this issue.

The Agreement is silent on pay rates for apprentices. The Employer has confirmed that while it does not ordinarily engage apprentices, it would like to have the option of employing them in the future. The Employer provided a written undertaking setting out the rates of pay for apprentices under the Agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Annexure A

[1] Fair Work Legislation Amendment (Closing Loopholes) Act 2023, Schedule 1, Part 18, Item 96.

Printed by authority of the Commonwealth Government Printer

The case involves an application by Autonexus Pty Limited for the approval of the Autonexus Enterprise Agreement, specifically pertaining to the Brunswick Fleet Conversions for the year 2024. The matter was heard in the Fair Work Commission, an Australian tribunal with jurisdiction over employment-related disputes. The application was made under the Fair Work Act 2009, which governs the approval of enterprise agreements.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements for approval, including whether it complied with the good faith bargaining provisions and whether it contained the necessary minimum terms and conditions as set out in the Act. A key aspect of the dispute was the nature of the proposed changes to the Brunswick Fleet Conversions and the extent to which they affected the employees’ terms and conditions.

The Fair Work Commission examined the application in detail, considering the submissions from both Autonexus and the union representing the employees. The Commission found that the agreement was made in good faith, with sufficient bargaining taking place between the parties. It also determined that the proposed changes to the Brunswick Fleet Conversions were reasonable and did not unjustifiably disadvantage the employees. The Commission concluded that the agreement contained the required minimum terms and conditions and was, therefore, eligible for approval.

Consequently, the Fair Work Commission approved the Autonexus Enterprise Agreement for the Brunswick Fleet Conversions 2024, recognising the changes as fair and reasonable under the circumstances. The decision was made on the basis that the agreement met the statutory requirements and was in the best interest of both the employer and the employees. The Commission's approval of the agreement signifies a resolution to the dispute, allowing the proposed changes to take effect as per the terms outlined in the enterprise agreement.

Autonexus Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established