DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Ltd
(AG2015/3952)

AUTONEXUS ENTERPRISE AGREEMENT - QLD & SA VEHICLE OPERATIONS 2015

Vehicle industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 AUGUST 2015

Application for approval of the AutoNexus Enterprise Agreement - QLD & SA Vehicle Operations 2015.

[1] An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - QLD & SA Vehicle Operations 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by AutoNexus Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 August 2015. The nominal expiry date of the Agreement is 26 August 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AutoNexus Pty Ltd applied for approval of the AutoNexus Enterprise Agreement - QLD & SA Vehicle Operations 2015. The respondent, the Australian Council of Trade Unions (ACTU), opposed the application on the basis that the agreement did not adequately address the rights of employees to be consulted on changes to workplace arrangements. The case was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement, as proposed, complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided for adequate consultation on changes to workplace arrangements, as required by section 178(1)(d) of the Act. The respondent argued that the agreement failed to provide for the right of employees to be consulted on changes to workplace arrangements, which was a fundamental requirement for approval of an enterprise agreement.

The Fair Work Commission found in favour of the applicant, holding that the agreement was consistent with the requirements of the Fair Work Act. The Commission noted that the agreement contained provisions for consultation on changes to workplace arrangements, including a requirement for the employer to provide at least 30 days' written notice of any proposed changes. The Commission held that these provisions were sufficient to meet the requirements of the Act and that the agreement was therefore approved.

No final orders were provided in the text. However, it can be inferred that the Fair Work Commission approved the AutoNexus Enterprise Agreement - QLD & SA Vehicle Operations 2015, subject to any other requirements of the Fair Work Act being met.

AutoNexus Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established