NCI Holdings Pty Ltd T/A Pacmetal Services

[2019] FWCA 784

[2019] FWCA 784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NCI Holdings Pty Ltd T/A Pacmetal Services
(AG2018/7346)

ENTERPRISE AGREEMENT PACMETAL SERVICES - GLENDENNING 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the Enterprise Agreement Pacmetal Services - Glendenning 2018.

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement Pacmetal Services - Glendenning 2018 (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 Pacmetal Services. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 15.2 – Personal Leave - Sick Leave and Carer’s Leave

However, noting clause 1 of the Undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

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Annexure A