Application for approval of the Autonexus Enterprise Agreement - Derrimut Warehouse Operations 2025

[1] Autonexus Pty Limted (the Employer) has made an application for approval of an enterprise agreement known as the AutoNexus Enterprise Agreement - Derrimut Warehouse Operations 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

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

[3] The employer did not ensure all of the identities of the employees who voted on the Agreement were undisclosed and unascertainable. I sought submissions on this basis. As only one employee was identified, and it did not make a material impact on the outcome of the vote, pursuant to s.188(5), 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.182. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188 of the FW Act.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

• Clause 11

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

[6] The Agreement is approved and, in accordance with s.54, will operate from 20 January 2026. The nominal expiry date of the Agreement is 30 June 2028.

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