DECISION

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

AutoNexus Pty Ltd
(AG2015/2364)

AUTONEXUS ENTERPRISE AGREEMENT - NSW VEHICLE OPERATIONS 2015

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 10 JUNE 2015

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

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

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 10 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AutoNexus Pty Ltd applied for the approval of the AutoNexus Enterprise Agreement - NSW Vehicle Operations 2015, which was to be registered under the Fair Work Act 2009. The agreement was to cover employees of AutoNexus and other employers who were parties to the agreement, including those who were not members of a union. The application was brought before the Fair Work Commission, which had the authority to make the approval order.

The legal issues that the court needed to decide included whether the agreement met the requirements for registration under the Fair Work Act, whether the agreement had been made in good faith, and whether the agreement contained all the terms that were required. The court also needed to consider whether the agreement provided for a fair and reasonable system of classification and remuneration for employees. The court further needed to determine whether the agreement provided for a fair and reasonable system of dispute resolution and whether the agreement contained any terms that were contrary to the public interest.

After considering the evidence and submissions from the parties, the court found that the agreement met the requirements for registration under the Fair Work Act. The court was satisfied that the agreement had been made in good faith and contained all the required terms. The court also found that the agreement provided for a fair and reasonable system of classification and remuneration for employees and that it provided for a fair and reasonable system of dispute resolution. The court was satisfied that the agreement did not contain any terms that were contrary to the public interest. The court therefore approved the agreement and made the necessary order for its registration.

The final orders of the court were that the AutoNexus Enterprise Agreement - NSW Vehicle Operations 2015 be approved and registered under the Fair Work Act 2009. The court also ordered that the agreement be published on the Fair Work Commission's website and that copies of the agreement be provided to the parties and to the Fair Work Commission. The court further ordered that the agreement be binding on all employees who were covered by the agreement, regardless of whether they were members of a union.

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