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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

CNH Industrial Australia Pty Ltd, trading as CNH Australia, applied to the Fair Work Commission for the approval of the CNH Industrial Australia National Warehouse Operations Enterprise Agreement 2021. The application was contested by the Transport Workers Union of Australia, who argued that the agreement did not adequately address certain employee entitlements and conditions. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the agreement contained all the mandatory terms and conditions required by the Fair Work Act, and whether it provided for a fair and reasonable safety net for the employees it covered. The Commission needed to consider whether the provisions of the agreement were consistent with the principles of procedural fairness, and if they provided appropriate protections and benefits to the workforce. Additionally, the court had to determine if there was sufficient evidence to demonstrate that the agreement had been made in good faith.

The Fair Work Commission found that the agreement met the necessary requirements under the Fair Work Act. The Commission was satisfied that the agreement contained all the mandatory terms and conditions, and provided a fair and reasonable safety net for the employees. The Commission held that the agreement had been made in good faith and that the process leading to its creation was procedurally fair. Consequently, the application for approval was successful.

The Fair Work Commission approved the CNH Industrial Australia National Warehouse Operations Enterprise Agreement 2021, finding that it met all the statutory requirements for approval and provided appropriate protections and benefits for the employees it covered.

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