NCI Holdings Pty Ltd t/a NCI Packaging Pty Ltd

[2020] FWCA 6956

[2020] FWCA 6956

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NCI Holdings Pty Ltd t/a NCI Packaging Pty Ltd
(AG2020/3655)

NCI HOLDINGS PTY LTD (TULLAMARINE PLANT) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 22 DECEMBER 2020

Application for approval of the NCI Holdings Pty Ltd (Tullamarine Plant) Enterprise Agreement 2020.

[1] NCI Holdings Pty Ltd t/a NCI Packaging Pty Ltd has applied for approval of a single enterprise agreement known as the NCI Holdings Pty Ltd (Tullamarine Plant) Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Noting clause 5.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 22 December 2020 and, notwithstanding clause 3 and in accordance with s.54, will operate from 29 December 2020. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

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