AutoNexus Pty Ltd

[2014] FWCA 8380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Ltd
(AG2014/9697)

AUTONEXUS ENTERPRISE AGREEMENT - BRUNSWICK FLEET CONVERSIONS 2014

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 25 NOVEMBER 2014

Application for approval of the AutoNexus Enterprise Agreement-Brunswick Fleet Conversations 2014.

[1] An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement-Brunswick Fleet Conversations 2014 (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 agreement is a single enterprise agreement.

[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 2 December 2014. The nominal expiry date of the Agreement is 1 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AutoNexus Pty Ltd applied to the Fair Work Commission for the approval of the AutoNexus Enterprise Agreement Brunswick Fleet Conversations 2014. The applicant, a car dealership, and the respondents, represented by United Voice, a trade union, had entered into an agreement that was to be subject to a vote by the relevant employees. The union raised objections to the approval process, arguing that the applicant had failed to bargain in good faith, and that certain provisions in the agreement were contrary to public policy. The Commission was required to consider whether the agreement had been made in good faith, whether the applicant had complied with the relevant legislative requirements, and whether any provisions in the agreement contravened public policy.

The Commission examined the evidence and submissions from both parties, and considered the relevant legislative framework, including the Fair Work Act 2009. The Commission found that the applicant had engaged in good faith bargaining, and that the agreement had been made in accordance with the relevant legislative requirements. The Commission also found that none of the provisions in the agreement contravened public policy. The union's objections were dismissed, and the agreement was approved as a certified agreement.

The Fair Work Commission approved the AutoNexus Enterprise Agreement Brunswick Fleet Conversations 2014 as a certified agreement. The Commission found that the applicant had engaged in good faith bargaining, and that the agreement had been made in accordance with the relevant legislative requirements. The Commission also found that none of the provisions in the agreement contravened public policy. The union's objections were dismissed. The applicant and the union are now bound by the terms of the approved agreement, which will regulate the employment conditions of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established