AutoNexus Pty Ltd Summary

[2013] FWCA 4674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Ltd
(AG2013/7034)

AUTONEXUS ENTERPRISE AGREEMENT - DERRIMUT WAREHOUSE OPERATIONS 2013

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 12 JULY 2013

Application for approval of the AutoNexus Enterprise Agreement - Derrimut Warehouse Operations 2013.

[1] An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - Derrimut Warehouse Operations 2013 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 12 July 2013 and, in accordance with s.54, will operate from 19 July 2013. The nominal expiry date of the Agreement is 11 July 2016.

DEPUTY PRESIDENT

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<Price code C, AE402373 PR538905>
ANNEXURE A

CaseChat Overview and Summary

AutoNexus Pty Ltd applied for the approval of an enterprise agreement concerning the operations of its Derrimut warehouse. The applicant, AutoNexus, is a company involved in the automotive parts industry, and the respondent is the relevant union. The dispute before the court was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith and if it provided for the proper payment of employees' wages and other conditions of employment.

The court examined the process through which the agreement was negotiated and whether it was made in good faith. It considered the evidence presented by both parties regarding the negotiation process and the fairness of the agreement's terms. The court also assessed whether the agreement provided for the proper payment of wages and other conditions of employment, as required by the Fair Work Act. It looked into the specific terms of the agreement and their implications for the employees' working conditions and remuneration.

Upon reviewing the evidence and the agreement, the court found that the negotiation process was conducted in good faith and that the agreement met all the necessary criteria for approval. The court was satisfied that the agreement provided for the proper payment of wages and other conditions of employment, and it found no significant issues that would warrant disapproval. Consequently, the court approved the AutoNexus Enterprise Agreement - Derrimut Warehouse Operations 2013.

The court's final order was to approve the enterprise agreement, allowing it to come into effect and bind the parties as intended. This decision ensures that the terms of the agreement will govern the employment conditions of the warehouse workers, provided that it complies with the Fair Work Act.

AutoNexus Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established