| [2024] FWCA 2876 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
NCI Holdings Pty Ltd T/A NCI Packaging
(AG2024/2668)
NCI HOLDINGS PTY LTD PRESTON ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER YILMAZ | MELBOURNE, 5 AUGUST 2024 |
Application for approval of the NCI Holdings Pty Ltd Preston Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the NCI Holdings Pty Ltd Preston Enterprise Agreement 2024 (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 Employer). The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
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.
The Agreement is approved and in accordance with s.54, will operate from 12 August 2024. The nominal expiry date of the Agreement is 31 March 2027.
COMMISSIONER
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Annexure A
- AGLC
- NCI Holdings Pty Ltd T/A NCI Packaging [2024] FWCA 2876
- Case
- [2024] FWCA 2876
- Decision Date
CaseChat Overview and Summary
The central legal issues for the Commission to determine were whether the agreement was an "enterprise agreement" as defined by the Fair Work Act and whether it satisfied the procedural requirements set forth in the legislation. The Commission had to assess if the agreement was appropriately made between the employer and the employees, and if the necessary consultation processes were followed. Furthermore, the Commission examined whether the agreement met the "better off overall test" to ensure that it provided employees with no less favourable terms and conditions than those provided under the applicable award or safety net.
The Commission found that the agreement met the definition of an enterprise agreement and was appropriately made between the parties. The Commission also determined that the agreement satisfied the procedural requirements, including adequate consultation. The better off overall test was met, as the agreement provided employees with no less favourable terms and conditions than those provided under the relevant award. Consequently, the Commission approved the agreement.
The Fair Work Commission approved the NCI Holdings Pty Ltd Preston Enterprise Agreement 2024, finding it to be a genuine enterprise agreement that met all statutory requirements under the Fair Work Act.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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