DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/1303)

NCI HOLDINGS PTY LTD (NORTHCOTE) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 30 JUNE 2015

Application for approval of the NCI Holdings Pty Ltd (Northcote) and National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the NCI Holdings Pty Ltd (Northcote) and National Union of Workers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by National Union of Workers (NUW). The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) with respect to these undertakings and the NUW has supported the undertakings.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The NUW, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 7 July 2015. The nominal expiry date of the Agreement is 21 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The National Union of Workers applied to the Fair Work Commission for approval of the NCI Holdings Pty Ltd (Northcote) and National Union of Workers Enterprise Agreement 2015. The dispute centred around the terms of the agreement and whether they were fair and reasonable, as required by the Fair Work Act 2009. The Union argued that the agreement was just, while NCI Holdings contended that certain provisions were not in the best interests of the company.

The legal issues before the Commission included whether the agreement complied with the procedural and substantive requirements of the Act. The Commission had to consider if the agreement was genuinely negotiated and whether the terms were fair and reasonable. Additionally, the Commission needed to determine if the agreement complied with the "better off overall test," which requires that the overall terms of the agreement be at least as good as the applicable award or registered agreement.

The Commission found that the agreement was genuinely negotiated and met the procedural requirements of the Act. The Commission determined that the terms of the agreement were fair and reasonable, taking into account the interests of both parties. The Commission also found that the agreement met the better off overall test. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the NCI Holdings Pty Ltd (Northcote) and National Union of Workers Enterprise Agreement 2015, finding it to be a fair and reasonable agreement that complied with the requirements of the Fair Work Act 2009.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established