AutoNexus Pty Ltd T/A AutoNexus

[2019] FWCA 7262

[2019] FWCA 7262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Ltd T/A AutoNexus
(AG2019/3583)

AUTONEXUS ENTERPRISE AGREEMENT - DERRIMUT WAREHOUSE OPERATIONS 2019

Vehicle industry
COMMISSIONER YILMAZ	MELBOURNE, 21 OCTOBER 2019

Application for approval of the AutoNexus Enterprise Agreement - Derrimut Warehouse Operations 2019.

[1] An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - Derrimut Warehouse Operations 2019 (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] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] The employer did not provide a copy of the Notice of Employee Representational Rights to all relevant employees within 14 days of the notification time. Pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.180(3). I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54, will operate from 28 October 2019. The nominal expiry date of the Agreement is 11 July 2022.

COMMISSIONER

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<AE505816  PR713545>

Annexure A