DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Ltd
(AG2017/3428)

AUTONEXUS ENTERPRISE AGREEMENT - MOOREBANK WAREHOUSE OPERATIONS 2017

Vehicle industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 NOVEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - Moorebank 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.

[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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 20 November 2017 and, in accordance with s.54, will operate from 27 November 2017. The nominal expiry date of the Agreement is 20 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AutoNexus Pty Ltd, the applicant, sought approval of the AutoNexus Enterprise Agreement – Moorebank Warehouse Operations 2017, in the Fair Work Commission. The respondent, who was not named in the decision, opposed the approval of the agreement on the grounds that it did not meet the requirements of the Fair Work Act 2009.

The primary legal issue before the Fair Work Commission was whether the agreement complied with the provisions of the Fair Work Act 2009. Specifically, the respondent argued that the agreement did not meet the requirements of section 231 of the Act, which mandates that an enterprise agreement must provide for the terms and conditions of employment of the employees to whom the agreement applies. The Fair Work Commission had to determine whether the agreement contained all the necessary terms and conditions of employment, including minimum wages, penalties, and other entitlements.

In reaching its decision, the Fair Work Commission considered the provisions of the Fair Work Act 2009 and relevant case law. It found that the agreement contained all the necessary terms and conditions of employment and that it met the requirements of section 231 of the Act. The Fair Work Commission also noted that the agreement had been negotiated in good faith and that it provided for the fair and reasonable resolution of any disputes that may arise under the agreement.

The Fair Work Commission approved the AutoNexus Enterprise Agreement – Moorebank Warehouse Operations 2017, subject to certain conditions. These conditions included the requirement that the agreement be registered with the Fair Work Commission and that any disputes arising under the agreement be resolved through the appropriate dispute resolution processes. The Fair Work Commission also noted that the agreement was subject to the general protections provisions of the Fair Work Act 2009, which provide for the protection of employees' rights and entitlements.

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