DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NCI Holdings Pty Ltd T/A NCI Packaging
(AG2015/4733)

NCI HOLDINGS PTY LTD (TULLAMARINE PLANT) AND NATIONAL UNION OF WORKERS (NUW), AUSTRALIAN MANUFACTURING WORKERS UNION (AMWU) AND ELECTRICAL TRADE UNION (ETU) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 SEPTEMBER 2015

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 2015.

[1] An application has been made for approval of an enterprise agreement known as 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 2015 (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 agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 1 September 2015 and, in accordance with s.54, will operate from 8 September 2015. The nominal expiry date of the Agreement is 30 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved NCI Holdings Pty Ltd, trading as NCI Packaging, alongside the National Union of Workers (NUW), the Australian Manufacturing Workers Union (AMWU), and the Electrical Trade Union (ETU). The dispute centred on the application for approval of the NCI Holdings Pty Ltd (Tullamarine Plant) Enterprise Agreement 2015. This case was adjudicated by the Fair Work Commission, an Australian independent statutory body established under the Fair Work Act 2009, responsible for making and registering agreements that set out the terms and conditions of employment.

The legal issues the court had to decide centred on whether the Enterprise Agreement complied with the provisions of the Fair Work Act 2009. The court examined whether the agreement was in the best interests of the employees, whether it had been genuinely negotiated, and if it met the criteria for registration under the Act. A key concern was whether the agreement appropriately balanced the rights and obligations of both the employer and the employees, and if it contained all the required minimum terms as stipulated by the Act.

In delivering its decision, the court carefully considered the submissions from both the employer and the unions. It noted that the agreement had been negotiated in good faith and that it met the necessary requirements for registration. The court concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The agreement was found to be compliant with all the relevant provisions of the Fair Work Act 2009, including the mandated minimum terms. As a result, the court approved the Enterprise Agreement for registration.

The final orders of the court were that the NCI Holdings Pty Ltd (Tullamarine Plant) Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009. The court's approval signified that the agreement would now serve as a binding contract between NCI Holdings Pty Ltd and the employees represented by the unions, governing their employment conditions moving forward.

NCI Holdings Pty Ltd T/A NCI Packaging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established