DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NCI Holdings Pty Ltd T/A NCI Packaging Pty Ltd
(AG2016/3960)

NCI HOLDINGS PTY LTD THORNLEIGH ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 23 AUGUST 2016

Application for approval of the NCI Holdings Pty Ltd Thornleigh Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the NCI Holdings Pty Ltd Thornleigh Enterprise Agreement 2016 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2019. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, NCI Holdings Pty Ltd trading as NCI Packaging Pty Ltd, sought approval of the NCI Holdings Pty Ltd Thornleigh Enterprise Agreement 2016. The matter was heard in the Fair Work Commission. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement and whether it complied with the relevant industrial legislation. Specifically, the issue was whether the agreement adequately covered the necessary provisions required by law, including minimum wages, penalties, and other conditions of employment.

The legal issues the court had to decide were whether the enterprise agreement complied with the Fair Work Act 2009, particularly sections related to the content of agreements and the process for their approval. The court had to determine if the agreement met the requirements for a 'single enterprise agreement' and if it was properly made in accordance with the procedural fairness and transparency provisions of the Act. Additionally, the court needed to consider if the agreement appropriately balanced the interests of both the employer and the employees.

The court found that the enterprise agreement was properly made and met the statutory requirements. It was concluded that the agreement was a genuine bargain between the parties and contained all the necessary provisions required by law. The court held that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. The application for approval of the agreement was therefore granted, and the agreement was registered under the Fair Work Act 2009.

The final orders of the court were that the NCI Holdings Pty Ltd Thornleigh Enterprise Agreement 2016 be approved and registered. The agreement was deemed to have effect from the date of the registration, and it was to be binding on all parties involved. The court's decision provided clarity and legal certainty regarding the terms and conditions of employment under the agreement, ensuring compliance with the relevant industrial legislation.

NCI Holdings Pty Ltd T/A NCI Packaging Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established