NCI Holdings Pty Ltd T/A NCI Packaging

[2018] FWCA 157

[2018] FWCA 157

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

NCI Holdings Pty Ltd T/A NCI Packaging

(AG2017/5525)

NCI Holdings Pty Ltd (Tullamarine Plant) and National Union of Workers (NUW), Australian Manufacturing Workers Union (AMWU) and Electrical Trade Union (ETU) Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Johns	MELBOURNE, 8 JANUARY 2018

Application for approval of the NCI Holdings Pty Ltd (Tullamarine Plant) and National Union of Workers (NUW), Australian Manufacturing Workers Union (AMWU) and Electrical Trade Union (ETU) Enterprise Agreement 2017.

1. On 14 November 2017, NCI Holdings Pty Ltd T/A NCI Packaging (Applicant) made an application for approval of the NCI Holdings Pty Ltd (Tullamarine Plant) and National Union of Workers (NUW), Australian Manufacturing Workers Union (AMWU) and Electrical Trade Union (ETU) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. The Agreement was lodged within 14 days after it was made.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, National Union of Workers and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has indicated its acceptance of the undertakings.

1. Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. The National Union of Workers and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

1. The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 15 January 2018. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

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Annexure A