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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CaseChat Overview and Summary

The parties in this case were NCI Holdings Pty Ltd, trading as NCI Packaging Pty Ltd, and the Fair Work Commission (FWC). The nature of the dispute centred around the application for approval of the NCI Holdings Pty Ltd (Tullamarine Plant) Enterprise Agreement 2020. The application was heard by the FWC, specifically the Full Bench, which is the highest level of the Commission's decision-making process.

The central legal issues addressed by the court involved whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the FWC had to consider if the agreement was made in good faith, if it contained the required minimum terms and conditions, and if it was free from any unfair content. The FWC also needed to determine if the agreement had been properly certified as a single interest employer agreement.

In reaching its decision, the Full Bench of the FWC examined the process by which the agreement was negotiated and certified. The court reviewed submissions from both parties and considered the evidence presented regarding the good faith of the negotiations and the certification process. The FWC found that the agreement was made in good faith, contained the required minimum terms and conditions, and did not include any unfair content. Additionally, the certification process was found to be compliant with the relevant statutory requirements. Based on these findings, the Full Bench approved the enterprise agreement.

The final orders of the FWC included the approval of the NCI Holdings Pty Ltd (Tullamarine Plant) Enterprise Agreement 2020, effective from 1 April 2020. The FWC also noted that the agreement would be registered on the Register of Approved Agreements, thereby providing it with the full protections and benefits of the Fair Work Act 2009. The approval ensures that the terms and conditions set out in the agreement will be enforceable between NCI Holdings Pty Ltd and its employees.

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