DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CNH Industrial Australia Pty Ltd T/A CNH Australia
(AG2015/2432)

CNH AUSTRALIA NSW WAREHOUSE OPERATIONS ENTERPRISE AGREEMENT 2015-2016

Storage services
COMMISSIONER LEE	MELBOURNE, 2 JUNE 2015

Application for approval of the CNH Australia NSW Warehouse Operations Enterprise Agreement 2015-2016.

[1] An application has been made for approval of a single enterprise agreement known as the CNH Australia NSW Warehouse Operations Enterprise Agreement 2015-2016 (the Agreement). The application was made by CNH Industrial Australia Pty Ltd T/A CNH Australia pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the CNH Australia NSW Warehouse Operations Enterprise Agreement 2015-2016. CNH Industrial Australia Pty Ltd, trading as CNH Australia, sought to have the agreement registered under the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers' Union (AMWU), which raised concerns about the agreement's compliance with the Act and its provisions' fairness to the employees.

The primary legal issues the Commission had to address were whether the agreement met the procedural and substantive requirements for approval under the Act and if it was in the best interests of the employees. Procedurally, the Commission examined whether the agreement was genuinely negotiated and whether proper consultation had occurred. Substantively, it assessed whether the agreement's terms and conditions were fair and reasonable. The AMWU argued that the agreement did not sufficiently protect employees' rights and interests, particularly regarding pay rates and conditions.

After considering the evidence and submissions from both parties, the Commission found that the agreement was genuinely negotiated and that there was sufficient consultation. The Commission also determined that the agreement's provisions were fair and reasonable and in the best interests of the employees. The Commission highlighted that the agreement provided for fair and reasonable terms and conditions, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement met the requirements for approval under the Act.

The Commission approved the CNH Australia NSW Warehouse Operations Enterprise Agreement 2015-2016, and it became a registered agreement under the Fair Work Act 2009. The AMWU's objections were dismissed, and the agreement was registered on the terms submitted by CNH Australia.

CNH Industrial Australia Pty Ltd T/A CNH Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established