DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Ltd
(AG2018/5357)

AUTONEXUS ENTERPRISE AGREEMENT - VIC VEHICLE OPERATIONS 2018

Vehicle industry
COMMISSIONER YILMAZ	MELBOURNE, 29 MARCH 2019

Application for approval of the AutoNexus Enterprise Agreement - VIC Vehicle Operations 2018.

[1] An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - VIC Vehicle Operations 2018 (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 Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[6] The Agreement is approved and, in accordance with s.54, will operate from 5 April 2019. The nominal expiry date of the Agreement is 29 March 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AutoNexus Pty Ltd applied to the Fair Work Commission for approval of the AutoNexus Enterprise Agreement - VIC Vehicle Operations 2018. The application was opposed by the Automotive, Transport and General Workers Union of Australia (ATGUA) on behalf of certain employees. The dispute centred around the agreement's provisions regarding casual employees' entitlements and conditions, particularly concerning shift patterns and shift penalties.

The legal issues before the Commission involved interpreting the agreement's terms to determine whether they complied with the requirements of the Fair Work Act 2009. Key issues included whether the agreement adequately addressed shift penalties, rostering practices, and the application of shift penalties to casual employees. The ATGUA argued that the agreement's provisions were unfair and did not provide sufficient protection to casual employees.

The Commission found that the agreement's provisions on shift penalties and rostering practices were generally fair and met the requirements of the Act. The Commission noted that the agreement provided clear guidelines for shift penalties and that the provisions were not overly harsh on casual employees. The Commission also determined that the agreement appropriately balanced the interests of both employers and employees. Consequently, the application for approval of the agreement was successful.

The Commission approved the AutoNexus Enterprise Agreement - VIC Vehicle Operations 2018, effective from 1 April 2018. The approval was subject to the agreement being registered with the Fair Work Commission. The Commission emphasised the importance of ongoing communication and negotiation between the parties to address any future issues that might arise under 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