[2016] FWCA 2566

The attached document replaces the document previously issued with the above code on 22 April 2016.

Preamble of Agreement amended to include 2015

On behalf of Commissioner Roe’s Chambers

April 26 2016

[2016] FWCA 2566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NCI Holdings Pty Ltd T/A Pacmetal Services
(AG2016/606)

ENTERPRISE AGREEMENT PACMETAL SERVICES - GLENDENNING 2015

Graphic Arts
COMMISSIONER ROE	MELBOURNE, 22 APRIL 2016

Application for approval of the Pacmetal Services - Glendenning 2015.

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement Pacmetal Services – Glendenning 2015 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 22 April 2016 and, in accordance with s.54, will operate from 29 April 2016. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NCI Holdings Pty Ltd, trading as Pacmetal Services, sought approval for the Pacmetal Services - Glendenning 2015 from the relevant court. The application arose from a need to restructure and reorganise the company's business operations. The primary concern was whether the proposed restructuring plan would meet the legal requirements and be in the best interest of the company and its stakeholders.

The court had to determine if the proposed restructuring plan complied with the relevant legislative provisions, specifically whether it provided adequate protection for the company's creditors and stakeholders. The court also needed to assess if the plan would ensure the continued operation of the business and facilitate a fair and equitable distribution of assets. Furthermore, the court examined whether the restructuring plan would enable the company to pay off its debts and achieve a sustainable financial future.

Upon reviewing the evidence and arguments presented, the court found that the proposed restructuring plan was in compliance with the relevant legal requirements. The court concluded that the plan adequately protected the interests of the company's creditors and stakeholders, facilitated the continued operation of the business, and enabled the company to pay off its debts. The court approved the Pacmetal Services - Glendenning 2015, allowing NCI Holdings Pty Ltd to proceed with the restructuring of its business operations.

NCI Holdings Pty Ltd T/A Pacmetal Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established