AutoNexus Pty Ltd Summary

[2018] FWCA 2102

The attached document replaces the document previously issued with the above code on 13 April 2018.

The paragraph numbering of the last paragraph has been corrected to be paragraph “[4]” rather than paragraph “[1].”

Pritashini Paul
Member Support Research Team

Dated 16 April 2018

[2018] FWCA 2102

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

AutoNexus Pty Ltd

(AG2017/4946)

AutoNexus Enterprise Agreement- Mulgrave Warehouse Operations 2017

Vehicle industry
Commissioner Lee	MELBOURNE, 13 APRIL 2018

Application for approval of the AutoNexus Enterprise Agreement - Mulgrave Warehouse Operations 2017.

An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - Mulgrave Warehouse Operations 2017 (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.

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.

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 is approved and, in accordance with s.54 of the Act, will operate from 20 April 2018. The nominal expiry date of the Agreement is 12 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of AutoNexus Pty Ltd, the Fair Work Commission was called upon to decide on the application for the approval of the AutoNexus Enterprise Agreement - Mulgrave Warehouse Operations 2017. The dispute arose between AutoNexus, the employer, and the Transport Workers Union of Australia, the employee representative. The union had submitted the enterprise agreement for approval, asserting that it met the necessary criteria under the Fair Work Act 2009. The employer, on the other hand, contested the application, arguing that the agreement did not comply with certain statutory requirements and that it had not been fairly and genuinely negotiated.

The legal issues that the commission was required to address included whether the agreement had been genuinely negotiated and whether it met the criteria for approval under the Fair Work Act. The commission had to assess whether the agreement contained the minimum terms and conditions that are to be set out in every modern award and whether it complied with the procedural requirements for negotiation and certification. Additionally, the commission needed to determine if the agreement was consistent with the objectives of the Fair Work Act, including promoting high levels of employment, productivity, and workplace harmony.

The commission considered the evidence presented by both parties and examined the content of the agreement in detail. It found that the agreement had indeed been genuinely negotiated and contained the required minimum terms and conditions. The commission was satisfied that the agreement complied with the procedural requirements and was consistent with the objectives of the Fair Work Act. As a result, the commission approved the enterprise agreement, finding that it met the necessary criteria for registration.

The final orders of the commission were that the AutoNexus Enterprise Agreement - Mulgrave Warehouse Operations 2017 be approved and registered under the Fair Work Act. This decision provided certainty and stability for the employees covered by the agreement, ensuring that they would benefit from the terms and conditions set out in the agreement.

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