CNH Industrial Australia Pty Limited T/A CNH Industrial

[2018] FWCA 1232

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

CNH Industrial Australia Pty Limited T/A CNH Industrial

(AG2017/5353)

CNH INDUSTRIAL AUSTRALIA NSW WAREHOUSE OPERATIONS ENTERPRISE AGREEMENT 2017

Storage services
Deputy President Masson	BALLARAT, 27 FEBRUARY 2018

Application for approval of the CNH INDUSTRIAL AUSTRALIA NSW WAREHOUSE OPERATIONS ENTERPRISE AGREEMENT 2017.

An application has been made for approval of an enterprise agreement known as the CNH INDUSTRIAL AUSTRALIA NSW WAREHOUSE OPERATIONS ENTERPRISE AGREEMENT 2017 (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 T/A CNH Industrial. The Agreement is a single enterprise agreement.

The Applicant 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.

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.

The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2018. The nominal expiry date of the Agreement is 26 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The applicant, CNH Industrial Australia Pty Limited, trading as CNH Industrial, applied to the Fair Work Commission for the approval of the CNH INDUSTRIAL AUSTRALIA NSW WAREHOUSE OPERATIONS ENTERPRISE AGREEMENT 2017. The dispute arose between the applicant and the employees covered by the agreement, who are warehouse operatives within the New South Wales jurisdiction. The matter was heard by the Fair Work Commission.

The legal issues before the Commission were whether the agreement met the criteria for approval as stipulated under the Fair Work Act 2009, particularly in relation to the coverage of employees, the process of agreement formation, and the fairness of the terms and conditions. The Commission examined the procedural fairness of the bargaining process, the scope of the agreement, and the substantive fairness of the terms.

The Commission found that the agreement was appropriately formed through a process that was procedurally fair and in accordance with the provisions of the Act. The agreement was comprehensive and covered a significant portion of the workforce within the specified enterprise. The terms and conditions of the agreement were considered fair and reasonable, taking into account the needs of both the employer and the employees. The Commission was satisfied that the agreement would not prejudice the resolution of industrial disputes by award or agreement and would not have an adverse effect on the broader industrial relations system.

The Fair Work Commission approved the CNH INDUSTRIAL AUSTRALIA NSW WAREHOUSE OPERATIONS ENTERPRISE AGREEMENT 2017, effective from the date of the decision. The agreement was to be registered with the Registrar of the Fair Work Commission and would then be the applicable enterprise agreement for the covered employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established