CNH Industrial Australia Pty Limited
[2025] FWCA 281
•24 JANUARY 2025
| [2025] FWCA 281 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
CNH Industrial Australia Pty Limited
(AG2024/4815)
CNH INDUSTRIAL AUSTRALIA NATIONAL WAREHOUSE OPERATIONS ENTERPRISE AGREEMENT 2024
| Storage Services and Wholesale industry | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 24 JANUARY 2025 |
Application for approval of the CNH Industrial Australia National Warehouse Operations Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the CNH Industrial Australia National Warehouse Operations Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CNH Industrial Australia Pty Limited. The Agreement is a single enterprise agreement.
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.
Subject to the undertakings referred to above, 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.
Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES). Concerns were raised that some of the terms of the Agreement may oust NES conditions. In response the Applicant provided undertakings to make clear the NES applied.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2025. The nominal expiry date of the Agreement is 23 January 2028.
DEPUTY PRESIDENT
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Annexure A
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