DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Ltd
(AG2017/397)

AUTONEXUS ENTERPRISE BARGAINING AGREEMENT - GREYSTANES AND RYDALMERE WAREHOUSE OPERATIONS 2016

Vehicle industry
COMMISSIONER WILSON	MELBOURNE, 3 MAY 2017

Application for approval of the AutoNexus Enterprise Bargaining Agreement – Greystanes and Rydalmere Warehouse Operations 2016.

[1] An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Bargaining Agreement – Greystanes and Rydalmere Warehouse Operations 2016 (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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2017. The nominal expiry date of the Agreement is 2 May 2020.

COMMISSIONER

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 Bargaining Agreement – Greystanes and Rydalmere Warehouse Operations 2016. The applicant argued the agreement contained appropriate terms and conditions for the employees, while the respondent raised concerns about certain provisions, including those related to classification and the use of labour hire employees. The Commission was required to determine whether the agreement contained minimum terms and conditions that complied with the Fair Work Act 2009 and the Fair Work Regulations 2009.

In considering the dispute, the Commission examined the provisions of the agreement and the arguments presented by both parties. It found that the agreement contained terms and conditions that were fair and reasonable, taking into account the nature of the work, the interests of the employees, and the need for a simple and flexible agreement. The Commission also noted that the agreement provided for appropriate classification of employees and addressed the use of labour hire employees in a fair and reasonable manner. Having considered all the evidence and arguments, the Commission approved the agreement, finding that it contained minimum terms and conditions that were compliant with the Fair Work Act and Regulations.

The Commission's decision to approve the agreement was based on a careful consideration of the evidence and arguments presented by both parties. It found that the agreement contained fair and reasonable terms and conditions that were appropriate for the employees and the nature of the work. The Commission also noted that the agreement provided for appropriate classification of employees and addressed the use of labour hire employees in a fair and reasonable manner. The approval of the agreement ensures that the employees will have a fair and reasonable set of minimum terms and conditions to govern their employment.

The final orders of the Commission included the approval of the AutoNexus Enterprise Bargaining Agreement – Greystanes and Rydalmere Warehouse Operations 2016, with specific terms and conditions set out in the agreement. The Commission also made orders to ensure the agreement would be brought to the attention of all relevant parties and would be readily available for inspection by the public. The decision provides certainty and clarity for both the applicant and the employees, ensuring that they have a fair and reasonable set of minimum terms and conditions to govern their employment.

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