NCI Holdings Pty Ltd T/A NCI Packaging Summary

[2013] FWCA 8573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NCI Holdings Pty Ltd T/A NCI Packaging
(AG2013/9795)

NCI HOLDINGS PTY LTD (TULLAMARINE PLANT) AND NATIONAL UNION OF WORKERS (NUW), AUSTRALIAN MANUFACTURING WORKERS UNION (AMWU) AND ELECTRICAL TRADE UNION (ETU) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 30 OCTOBER 2013

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 2013.

[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 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by NCI Holdings Pty Ltd T/A NCI Packaging. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers and 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. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 6 November 2013. The nominal expiry date of the Agreement is 30 April 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The 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 2013 came before the Fair Work Commission. The applicant was NCI Holdings Pty Ltd, and the respondents were the unions. The dispute centred on whether the enterprise agreement should be approved by the Commission, given the provisions of the Fair Work Act 2009. The legal issues before the Commission included whether the agreement met the requirements for approval under the Act, whether the bargaining was genuinely independent, and whether the agreement complied with the relevant provisions regarding minimum entitlements and other conditions.

The Commission considered the submissions of both parties and examined the agreement to determine if it met the statutory criteria. The applicant argued that the agreement was fair and reasonable, while the unions contended that the agreement was consistent with the provisions of the Act. The Commission found that the agreement was made independently and complied with the relevant provisions. It was also determined that the agreement did not disadvantage employees in terms of minimum entitlements and provided for other conditions that were fair and reasonable. The Commission concluded that the agreement met the requirements for approval under the Fair Work Act 2009.

In light of the findings, the Fair Work Commission approved 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 2013. The agreement was found to be genuinely independent, compliant with the statutory provisions, and fair and reasonable in terms of minimum entitlements and other conditions. The decision was made in accordance with the Fair Work Act 2009, and the approval of the enterprise agreement was granted.

NCI Holdings Pty Ltd T/A NCI Packaging

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established