CNH Industrial Australia Pty Limited Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CNH Industrial Australia Pty Limited sought approval for a new enterprise agreement with its employees, as outlined in the CNH Industrial Australia National Warehouse Operations Enterprise Agreement 2024. The Fair Work Commission, Australia's workplace relations tribunal, was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The application came before Commissioner J. Smith.

The central legal issues the Commission had to address were whether the agreement was made in good faith, if it provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for enterprise agreements. Specifically, the Commission needed to examine if the agreement met the "better off overall test" and if there were proper processes in place to ensure the agreement was not made under duress or coercion.

In delivering the decision, the Commission highlighted that the agreement provided employees with reasonable terms and conditions, including fair pay and conditions, and a process for resolving disputes. The Commission noted that the agreement was made in good faith and that the employees had been given sufficient time and information to review and understand the terms. The Commission also found that the agreement satisfied the "better off overall test," meaning employees would be no worse off and likely better off under the new agreement. The Commission approved the agreement, emphasizing the importance of fair and transparent processes in enterprise bargaining.

The final order of the Commission was that the CNH Industrial Australia National Warehouse Operations Enterprise Agreement 2024 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision, providing a framework for the terms and conditions of employment for the warehouse operations employees of CNH Industrial Australia.

CNH Industrial Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established