NCI Holdings

[2013] FWCA 8244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

NCI Holdings
(AG2013/2968)

NCI HOLDINGS - ROCKLEA ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 22 OCTOBER 2013

Approval of the NCI HOLDINGS - Rocklea Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the NCI HOLDINGS - Rocklea Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 29 October 2013. The nominal expiry date of the Agreement is29 October 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NCI Holdings is a company involved in a dispute over the approval of the Rocklea Enterprise Agreement 2013. The dispute was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues before the commission centred on whether the agreement was made in good faith, whether it was free from coercion and whether it provided adequate protections for employees. The commission considered submissions from both parties and examined the content of the agreement.

The commission found that the agreement was made in good faith and was free from coercion. The agreement provided adequate protections for employees, including provisions for minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. The commission also found that the agreement provided for flexibility in the workplace, which was necessary to meet the changing needs of the business. The commission concluded that the agreement met all the necessary criteria for approval and ordered its approval.

The commission's decision was based on a careful consideration of the evidence and submissions presented by both parties. The commission found that the agreement provided fair and reasonable terms for employees and that it was in the best interests of the business. The decision highlights the importance of ensuring that enterprise agreements are made in good faith, are free from coercion, and provide adequate protections for employees. The approval of the agreement will provide certainty and stability for both the company and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established