NCI Holdings Pty Ltd T/A NCI Packaging

Case

[2024] FWCA 2876

5 AUGUST 2024


[2024] FWCA 2876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NCI Holdings Pty Ltd T/A NCI Packaging

(AG2024/2668)

NCI HOLDINGS PTY LTD PRESTON ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries

COMMISSIONER YILMAZ

MELBOURNE, 5 AUGUST 2024

Application for approval of the NCI Holdings Pty Ltd Preston Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the NCI Holdings Pty Ltd Preston Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NCI Holdings Pty Ltd T/A NCI Packaging (the Employer). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. The Agreement is approved and in accordance with s.54, will operate from 12 August 2024. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE525695 PR777881>

Annexure A

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