DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Ltd
(AG2015/2786)

AUTONEXUS ENTERPRISE AGREEMENT - VIC VEHICLE OPERATIONS 2015

Vehicle industry
COMMISSIONER BLAIR	MELBOURNE, 23 JULY 2015

Application for approval of the AutoNexus Enterprise Agreement - VIC Vehicle Operations 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the AutoNexus Enterprise Agreement - VIC Vehicle Operations 2015 (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.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2015. The nominal expiry date of the Agreement is 22 July 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, AutoNexus Pty Ltd sought approval for the AutoNexus Enterprise Agreement - VIC Vehicle Operations 2015. The application was brought before the Fair Work Commission. The primary dispute centred around whether the agreement met the requirements set forth in the Fair Work Act 2009, particularly regarding its compliance with the 'better off overall test' and the procedural fairness in its formation.

The legal issues the court had to decide involved whether the agreement provided employees with a minimum of ten percent increase in pay and conditions and whether the agreement was made in good faith and without coercion. Additionally, the court needed to assess if the agreement was properly certified as a single interest employee agreement and whether the consultation process adhered to the statutory requirements.

The Fair Work Commission found that the agreement was consistent with the statutory provisions, providing employees with a ten percent overall improvement. The commission acknowledged the employer's good faith in negotiating the agreement and deemed the consultation process adequate. Consequently, the commission approved the enterprise agreement, confirming its compliance with the relevant legislative standards.

The final orders of the commission included the approval of the AutoNexus Enterprise Agreement - VIC Vehicle Operations 2015, effective from the date of the decision, subject to the terms and conditions set out in the agreement.

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