NCI Packaging Pty Ltd Summary

[2014] FWCA 3597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NCI Packaging Pty Ltd
(AG2014/5847)

NCI HOLDINGS PTY LTD THORNLEIGH ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 MAY 2014

Application for approval of the NCI Holdings Pty Ltd Thornleigh Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the NCI Holdings Pty Ltd Thornleigh Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by NCI Packaging Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 June 2014. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NCI Packaging Pty Ltd applied to the Fair Work Commission for approval of the NCI Holdings Pty Ltd Thornleigh Enterprise Agreement 2014. The applicant, an employer, sought the agreement's approval to ensure it met the necessary requirements under the Fair Work Act 2009. The dispute involved whether the agreement adequately addressed certain issues including employee entitlements, working conditions, and dispute resolution mechanisms, and whether it complied with the relevant legislative framework.

The court had to determine if the agreement satisfied the criteria for approval, specifically whether it provided for minimum wages and conditions, addressed the needs of employees, and included appropriate dispute resolution processes. The court examined the terms of the agreement, the bargaining process, and the extent to which it complied with the Fair Work Act. Key considerations included whether the agreement was made in good faith, if it included fair and reasonable terms, and if it met the procedural requirements for enterprise agreements.

After reviewing the application and submissions from both parties, the court found that the agreement largely complied with the statutory requirements. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and included appropriate dispute resolution mechanisms. The court approved the agreement, confirming that it met the necessary legislative standards. The approval was contingent upon the agreement being registered with the Fair Work Commission, which would formalise its enforceability.

NCI Packaging Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established