ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with dispute under the NCI Holdings P/L (Northcote) and National Union of Workers Enterprise Agreement 2015 – NCI manufactured packaging materials and operated manufacturing plants at Northcote and Tullamarine – prior to its closure in 2014 NCI operated a manufacturing plant in Bayswater – number of employees previously worked at the Bayswater were transferred to work at the Northcote plant – NCI further announced plans to close Northcote plant and offered employees choice of relocating to Tullamarine plant or having employment terminated on redundancy grounds – clause 21.6 of Agreement entitled ex Bayswater employees ‘three and one half (3.5) weeks per each year of service part thereof…’ – dispute concerned constituent elements of a ‘week’s pay’ for the purposes of determining the dollar value amount of ‘three and one half weeks’ for each year of service or part thereof that is to be paid to an eligible ex Bayswater employee – NUW maintained that an ex Bayswater employee’s redundancy pay included that employee’s applicable shift loading as it sourced the definition of ‘week’s pay’ from clause 20.3 – NCI claimed that an ex Bayswater employee’s redundancy pay entitlement was to be calculated using the applicable base rate of pay and did not operate together with clause 20 – redundancy entitlement arose out of self-selection and in entirely different circumstances to the entitlement severance payment under clause 20.3 – clause 20.3 arose by reason of an act of NCI, not an election by an employee – Commission found that ‘applicable shift loading’ did not form part of the 3.5 weeks per year of service or part thereof, or the additional one week’s pay for each year of service or part thereof in respect of employee over the age of 45 years redundancy pay entitlements. National Union of Workers v NCI Holdings P/L t/a NCI Packaging
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