NCI Holdings Pty Ltd T/A Pacmetal Services Summary

[2022] FWCA 442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NCI Holdings Pty Ltd T/A Pacmetal Services

(AG2021/9368)

Enterprise Agreement Pacmetal Services - Glendenning 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 10 FEBRUARY 2022

Application for approval of the Pacmetal Services Enterprise Agreement - Glendenning 2021

An application has been made for approval of an enterprise agreement known as the Pacmetal Services Enterprise Agreement - Glendenning 2021 (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.

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 “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 of the Act, will operate from 17 February 2022. The nominal expiry date of the Agreement is 31 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved NCI Holdings Pty Ltd, trading as Pacmetal Services, and the Australian Manufacturing Workers' Union. The dispute centred around the application for the approval of the Pacmetal Services Enterprise Agreement - Glendenning 2021. The union sought to challenge the application on various grounds, including the adequacy of the negotiation process and the fairness of the terms proposed. The matter was heard by the FWC, which had jurisdiction to determine the application under the Fair Work Act 2009.

The legal issues that the FWC needed to resolve included whether the enterprise agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work Act. Specifically, the union argued that the agreement did not reflect the true outcome of genuine negotiations and that it contained terms that were not fair and reasonable. The FWC had to examine the evidence presented regarding the negotiation process and assess whether the terms of the agreement met the legal standards for fairness and reasonableness.

In considering the application, the FWC reviewed the evidence provided by both parties and assessed the negotiation process. The FWC found that there had been genuine negotiations between the parties, and the agreement reflected the outcomes of those negotiations. The FWC also determined that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the enterprise. Consequently, the FWC approved the application for the enterprise agreement.

The FWC's decision was based on the evidence that the enterprise agreement was the product of genuine negotiations and that its terms were fair and reasonable. The FWC approved the Pacmetal Services Enterprise Agreement - Glendenning 2021, thereby resolving the dispute in favour of NCI Holdings Pty Ltd, trading as Pacmetal Services.

NCI Holdings Pty Ltd T/A Pacmetal Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established