NCI Holdings Pty Ltd T/A NCI Packaging
[2023] FWCA 1537
•29 MAY 2023
| [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
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