DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Ltd
(AG2018/3680)

AUTONEXUS ENTERPRISE AGREEMENT - NSW VEHICLE OPERATIONS 2018

Vehicle industry
COMMISSIONER MCKINNON	MELBOURNE, 3 DECEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - NSW 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 T/A AutoNexus. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 is approved and, in accordance with s.54 of the Act, will operate from 10 December 2018. The nominal expiry date of the Agreement is 3 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, AutoNexus Pty Ltd, sought approval of the AutoNexus Enterprise Agreement - NSW Vehicle Operations 2018. The respondents were the Australian Manufacturing Workers' Union, the Retail and Fast Food Workers' Union, and various employees. The dispute arose in the Fair Work Commission, where the applicants argued that the agreement was suitable for registration under the Fair Work Act 2009. The legal issues before the Commission involved whether the agreement met the criteria for approval, particularly concerning the process by which it was negotiated and the protections it afforded to employees. The Commission examined whether the agreement was made in good faith, whether it was genuinely an enterprise agreement, and if it contained the necessary minimum terms and conditions of employment.

The Fair Work Commission found that the agreement was made in good faith and was genuinely an enterprise agreement, fulfilling the requirements of the Act. It noted that the negotiation process was transparent and involved all relevant parties. The agreement contained the necessary minimum terms and conditions, including provisions for wages, leave, and dispute resolution mechanisms. The Commission was satisfied that the agreement provided adequate protections for employees, meeting the statutory obligations under the Fair Work Act. The Commission concluded that the agreement was suitable for registration.

Consequently, the Commission approved the AutoNexus Enterprise Agreement - NSW Vehicle Operations 2018, affirming its compliance with the statutory requirements. The approval ensures that the agreement is enforceable and provides a framework for employment terms and conditions between the parties. The decision underscores the importance of good faith negotiation and comprehensive coverage of minimum employment standards in enterprise agreements. The final orders of the Commission reflect its determination that the agreement meets the necessary legal criteria for registration and enforcement.

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