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

Printed by authority of the Commonwealth Government Printer

Attachment A.

CaseChat Overview and Summary

The matter before the court involved an application for approval of the Rocklea Enterprise Agreement 2020, which was proposed by NCI Holdings Pty Ltd. The agreement was to cover employees working in various roles across multiple sites, and the application was brought under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal requirements for approval and if it provided adequate protections for the employees involved. The Federal Circuit and Family Court of Australia was tasked with evaluating the agreement and determining its fairness and compliance with the statutory framework.

The primary legal issues that the court had to address were whether the agreement contained all the necessary terms and conditions as mandated by the Fair Work Act, and if it provided a safety net of minimum entitlements. Furthermore, the court needed to assess whether the agreement was free from any improper coercion or undue influence and whether it allowed for genuine bargaining between the employer and employees. Additionally, the court had to consider whether the agreement appropriately balanced the interests of the employees and the employer.

After a thorough examination of the agreement, the court concluded that it satisfied all the statutory requirements for approval. The agreement was found to contain all necessary terms and conditions, provided a safety net of minimum entitlements, and allowed for genuine bargaining. The court was satisfied that there was no evidence of improper coercion or undue influence. The court also determined that the agreement appropriately balanced the interests of the employees and the employer, thus meeting the criteria for approval under the Fair Work Act. Consequently, the application for approval of the Rocklea Enterprise Agreement 2020 was successful.

The final order of the court was to approve the Rocklea Enterprise Agreement 2020, effective from the date of the decision. The agreement was to apply to all employees covered by the agreement, and it was to be registered with the Fair Work Commission. The decision was made on the basis that the agreement met all the statutory requirements and provided adequate protections for the employees involved.

NCI Holdings Pty Ltd

DECISION

Attachment A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established