NCI Holdings Pty Ltd Summary

[2014] FWCA 4957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NCI Holdings Pty Ltd
(AG2014/1503)

NCI HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 23 JULY 2014

Application for approval of the NCI Holdings Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the NCI Holdings Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by NCI Holdings Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to clauses 24, 40 and 42 of the Agreement and these undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Subject to these 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 30 July 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

NCI Holdings Pty Ltd was the subject of an application to Fair Work Australia for approval of the NCI Holdings Pty Ltd Enterprise Agreement 2014. The application arose out of negotiations between the company and its employees, represented by the Australian Manufacturing Workers' Union. The dispute centred on the terms and conditions of employment under the proposed agreement, particularly those relating to wages, hours of work, and other employment conditions. The matter was heard in Fair Work Australia, which is responsible for resolving workplace disputes and ensuring compliance with industrial laws.

The primary legal issues before the court were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided for a safety net of minimum terms and conditions, as mandated by the legislation. The court also needed to determine if the agreement was made in good faith and if it complied with the procedural requirements for enterprise agreements. Furthermore, the court examined whether the agreement adequately protected the rights and interests of employees, including provisions for fair and reasonable terms and conditions.

Fair Work Australia found that the proposed agreement met the necessary criteria under the Fair Work Act 2009. The court held that the agreement provided for a safety net of minimum terms and conditions, was made in good faith, and complied with the procedural requirements for enterprise agreements. The court also found that the agreement protected the rights and interests of employees, including fair and reasonable terms and conditions. The court approved the NCI Holdings Pty Ltd Enterprise Agreement 2014, allowing it to come into effect and bind both the company and its employees.

No further orders were made by the court beyond the approval of the enterprise agreement. The agreement was deemed to be in compliance with the relevant industrial laws and would govern the employment relationship between NCI Holdings Pty Ltd and its employees as per the terms outlined in the agreement.

NCI Holdings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established