NCI Holdings Pty Ltd T/A NCI Packaging

[2023] FWCA 1537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

NCI Holdings Pty Ltd T/A NCI Packaging

(AG2023/1391)

NCI HOLDINGS PTY LTD ROCKLEA ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 29 MAY 2023

Application for approval of the NCI Holdings Pty Ltd Rocklea Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the NCI Holdings Pty Ltd Rocklea Enterprise Agreement 2023 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by NCI Holdings Pty Ltd T/A NCI Packaging (the Applicant). The Agreement is a single enterprise agreement.

Inquiries were raised in relation to provisions of the Agreement which may not be completely consistent with the Act. These included maximum weekly hours, compassionate leave, public holidays and deduction of monies on termination. These were resolved by the Applicant confirming they agreed to rely on the National Employment Standards (NES) precedence clause where there is conflict between the terms of the Agreement and the NES. This material was also sent to the bargaining representatives.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) I note that the Agreement covers the AMWU.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 June 2023. The nominal expiry date of the Agreement is 1 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of NCI Holdings Pty Ltd trading as NCI Packaging, the Fair Work Commission was tasked with considering an application for the approval of the NCI Holdings Pty Ltd Rocklea Enterprise Agreement 2023. The applicant, NCI Holdings, sought approval of the agreement to govern the employment terms and conditions of its employees at the Rocklea site. The dispute centred on whether the terms of the proposed agreement were fair and appropriate under the Fair Work Act 2009.

The primary legal issue before the Commission was to determine if the proposed enterprise agreement met the requirements for approval under the Act. This involved assessing whether the agreement provided for the fair and reasonable terms and conditions of employment, including wages and other remuneration, hours of work, leave entitlements, and other matters as prescribed. The Commission had to examine whether the agreement contained any unfair terms that would render it non-compliant with the statutory framework.

In its reasoning, the Commission noted that the proposed agreement included provisions that aligned with the principles of fairness and reasonableness. The agreement addressed key areas such as pay rates, leave entitlements, and working conditions in a manner consistent with industry standards and the broader legislative context. The Commission was satisfied that the agreement did not include any terms that were unfair within the meaning of the Act. Consequently, the application for approval was successful, and the enterprise agreement was duly approved.

The final orders of the Commission were that the NCI Holdings Pty Ltd Rocklea Enterprise Agreement 2023 be approved in accordance with the provisions of the Fair Work Act 2009. This decision ensures that the terms of the agreement now govern the employment conditions for the employees at the Rocklea site, providing a clear and legally binding framework for the relationship between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established