NCI Holdings Pty Ltd

[2021] FWCA 1063

[2021] FWCA 1063

FAIR WORK COMMISSION

DECISION

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

NCI Holdings Pty Ltd
(AG2020/4173)

NCI HOLDINGS PTY LTD ROCKLEA ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 26 FEBRUARY 2021

Application for approval of the NCI Holdings Pty Ltd Rocklea Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by NCI Holdings (the Applicant) for approval of NCI Holding Pty Ltd Rocklea Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 2 February 2021, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed submissions addressing the concerns raised on 10 February 2021. On 16 February 2021, further correspondence was sent to the Applicant requesting undertaking. The Applicant provided undertakings on 22 February 2021. The bargaining representatives were provided with copies of the response and proposed undertakings.

[3] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[4] I observe that the following clause are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 15 – Notice by Employee

[5] However, noting the NES precedence clause at clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Subject to the matters raised at paragraphs [2]-[5], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act and clause 3 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 May 2023.

COMMISSIONER

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Attachment A.