DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Ltd
(AG2017/735)

AUTONEXUS ENTERPRISE AGREEMENT – DERRIMUT WAREHOUSE OPERATIONS 2016

Vehicle industry
COMMISSIONER CIRKOVIC	MELBOURNE, 4 APRIL 2017

Application for approval of the AutoNexus Enterprise Agreement - Derrimut Warehouse Operations 2016.

[1] An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - Derrimut 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The National Union of Workers 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.

[5] The Agreement was approved on 4 April 2017 and, in accordance with s.54, will operate from 11 April 2017. The nominal expiry date of the Agreement is 11 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission (FWC) was asked to consider an application for the approval of an enterprise agreement. The applicant, AutoNexus Pty Ltd, sought to have the AutoNexus Enterprise Agreement - Derrimut Warehouse Operations 2016 approved under the Fair Work Act 2009 (Cth). The application was opposed by the Australian Manufacturing Workers' Union (AMWU), which argued that the proposed agreement did not meet the requirements for approval. The nature of the dispute centred on whether the agreement was fair and balanced in terms of its provisions and whether it complied with the relevant statutory standards.

The legal issues before the FWC involved the interpretation and application of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the FWC had to determine if the proposed agreement contained the necessary protections for employees, if it provided for a fair and balanced resolution of workplace issues, and whether the agreement was consistent with the provisions of the Act. The FWC also needed to consider the evidence presented by both parties regarding the agreement's impact on the employees and the bargaining process.

The FWC found that the proposed agreement contained provisions that were fair and balanced and that the bargaining process was genuine. The FWC considered that the agreement provided for appropriate protections for employees, including minimum wages and conditions, and that it did not unfairly disadvantage any party. The FWC also found that the agreement complied with the relevant statutory standards and that there was no evidence to suggest that the agreement would have an adverse effect on the employees. Consequently, the FWC approved the AutoNexus Enterprise Agreement - Derrimut Warehouse Operations 2016.

The FWC's final order was that the AutoNexus Enterprise Agreement - Derrimut Warehouse Operations 2016 be approved under section 234 of the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission, and it would become a legally binding enterprise agreement between AutoNexus Pty Ltd and the employees covered by the agreement. The approval was subject to the terms and conditions set out in the agreement and any variations or modifications made in accordance with the Act.

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