CNH Industrial Australia Pty Ltd T/A CNH Australia

[2021] FWCA 5079

[2021] FWCA 5079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CNH Industrial Australia Pty Ltd T/A CNH Australia
(AG2021/6233)

CNH INDUSTRIAL AUSTRALIA NATIONAL WAREHOUSE OPERATIONS ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 17 AUGUST 2021

Application for approval of the CNH Industrial Australia National Warehouse Operations Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the CNH Industrial Australia National Warehouse Operations Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CNH Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The United Workers’ Union, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 17 August 2024.

DEPUTY PRESIDENT

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ANNEXURE A