DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AutoNexus Pty Ltd T/A AutoNexus
(AG2018/4702)

AUTONEXUS ENTERPRISE AGREEMENT - QLD & SA VEHICLE OPERATIONS 2018

Vehicle industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the AutoNexus Enterprise Agreement - QLD & SA Vehicle Operations 2018.

[1] An application has been made for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - QLD & SA Vehicle Operations 2018 (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.

[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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 12 February 2019 and, in accordance with s.54, will operate from 19 February 2019. The nominal expiry date of the Agreement is 12 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AutoNexus Pty Ltd, trading as AutoNexus, applied for approval of the AutoNexus Enterprise Agreement - QLD & SA Vehicle Operations 2018. The application was heard in the Fair Work Commission, with the parties involved being AutoNexus and the Australian Automotive, Transport & General Workers Union. The primary dispute centred around the fairness and suitability of the terms and conditions outlined in the proposed agreement.

The legal issues before the Commission included whether the agreement was made in good faith, whether it was fair and reasonable for the employees, and whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement was in the best interest of the employees and if it provided a fair balance between the interests of the employer and the employees.

The Commission determined that the agreement was made in good faith and was fair and reasonable for the employees. The terms of the agreement were found to be balanced and provided adequate protections and benefits to the employees. The Commission also concluded that the agreement complied with the relevant provisions of the Fair Work Act. Based on these findings, the Commission approved the AutoNexus Enterprise Agreement - QLD & SA Vehicle Operations 2018, confirming its suitability for the employees involved.

AutoNexus Pty Ltd T/A AutoNexus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established