AutoNexus Pty Ltd

[2020] FWCA 2148

[2020] FWCA 2148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AutoNexus Pty Ltd
(AG2020/1024)

AUTONEXUS ENTERPRISE AGREEMENT - FLEET CONVERSIONS 2020

Vehicle industry
COMMISSIONER SPENCER	BRISBANE, 5 MAY 2020

Application for approval of the AutoNexus Enterprise Agreement - Fleet Conversions 2020.

[1] An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - Fleet Conversions 2020 (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 Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] I raised several matters with the Applicant by email from my Chambers on 17 April 2020 seeking further details as to coverage of the Agreement, provision of the Notice of Employee Representational Rights, and what steps were taken to explain to employees the differences between this Agreement and earlier Agreements.

[3] The Applicant provided a response by email on 22 April 2020. The Applicant explained that the AutoNexus Enterprise Agreement – Fleet Conversions 2020 was to cover employees within its classification structure at the following sites:

a. Staff employed under the AutoNexus Enterprise Agreement – Fleet Conversions NSW 2016 [2017] FWCA 216 employed at Erskine Park in the Applicant’s Fleet Conversions business, which has passed its nominal expiry date;

b. Staff employed under the AutoNexus Enterprise Agreement – QLD & SA Vehicle Operations 2018[2019] FWCA 879 employed at Eagle Farm in the Applicant’s Fleet Conversions business, which has a nominal expiry date of 12 February 2021; and

c. Staff employed under the AutoNexus Enterprise Agreement – VIC Vehicle Operations 2018 [2019] FWCA 2058 employed at Altona in the Applicant’s Fleet Conversions business, which has a nominal expiry date of 29 March 2021.

[4] The Applicant submitted that staff at each site had the difference between their respective agreements and the new Agreement explained to them via memorandum and information sessions, and that staff at the Eagle Farm and Altona sites were advised their current agreements would remain in effect until they passed their nominal expiry date, at which time they would be covered by this proposed Agreement.

[5] Section 58(2) of the Act provides that if an earlier agreement has not passed its expiry date as above then the earlier agreement shall apply until it has passed its nominal expiry date after which the later agreement shall apply.

[6] I am satisfied that in accordance with s.188(1), the Applicant took all reasonable steps to ensure that the terms of the agreement, and the effect of those terms, were explained to the employees and the explanation was provided in an appropriate manner.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2020. The nominal expiry date of the Agreement is 5 May 2023.

COMMISSIONER

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