Application for approval of the Autonexus Enterprise Agreement - WA Vehicle Operations 2024

[1] Autonexus Pty Limited Trading AS Autonexus (the Applicant) has made an application for the approval of an enterprise agreement known as the Autonexus Enterprise Agreement - WA Vehicle Operations 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):

• (a) Clause 11.1 provides for compassionate leave, however it is silent in relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104(1)(c) of the Act.

[4] However, I am satisfied that under clause 5.2 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Clause 1.1 of the Agreement states that the nominal expiry date will be 31 April 2027. I sought clarification from the Applicant as this date does not exist and proposed that I exercise my power under s 218A to amend the error. The Applicant confirmed that this was a typographical error and that it should read '30 April 2027'.

[6] As has been noted in recent decisions of the Commission,[1] s 218A of the Act is akin to the slip rule found in s 602 of the Act which allows the Commission to correct or amend an obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission. Its evident purpose is to remove complexity associated with varying enterprise agreements containing obvious errors, defects or irregularities by simplifying the process by which corrections may be made.

[7] Based on the material before me, I am satisfied that the error outlined in [5] should be corrected by varying the Agreement so that the nominal expiry date is 30 April 2027. There are no grounds of which I am aware which would tend against the exercise of my discretion to vary the Agreement and order accordingly.

[8] The Agreement was approved on 28 November 2025 and, in accordance with s 54, will operate from 5 December 2025. The nominal expiry date of the Agreement is 30 April 2027.

[1] See for example [2023] FWCA 844 per Gostencnik DP, and [2023] FWC 115 per Asbury DP (as Vice President Asbury then was).

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