DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McColl’s Group Holdings Pty Ltd
(AG2018/7104)

MCCOLL’S GROUP HOLDINGS PTY LTD QUEENSLAND BULK FOOD & BULK CHEMICALS COLLECTIVE AGREEMENT 2018 - 2021

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 28 MAY 2019

Application for approval of the McColl’s Group Holdings Pty Ltd Queensland Bulk Food & Bulk Chemicals Collective Agreement 2018 - 2021.

[1] Application has been made for approval of a single enterprise agreement known as the McColl’s Group Holdings Pty Ltd Queensland Bulk Food & Bulk Chemicals Collective Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by McColl’s Group Holdings Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2019. The nominal expiry date of the Agreement is 1 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McColl’s Group Holdings Pty Ltd applied for approval of the McColl’s Group Holdings Pty Ltd Queensland Bulk Food & Bulk Chemicals Collective Agreement 2018-2021. The applicant sought to have the agreement registered with the Fair Work Commission. The respondents to the application were the Queensland Workers Union and the Shop, Distributive and Allied Employees Association. The nature of the dispute was over the terms and conditions of employment for the workers within the McColl’s Group Holdings Pty Ltd’s Queensland operations. The court involved was the Fair Work Commission, which has the authority to approve and register such agreements under the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement met the formal requirements for approval under the Fair Work Act. This included whether the agreement was made in good faith and whether it contained the necessary provisions for employee protections and entitlements. The court also needed to determine if the agreement appropriately balanced the interests of both the employer and the employees. Additionally, the court had to consider if the agreement complied with the provisions of the National Employment Standards and any relevant modern awards.

The court found that the agreement was made in good faith and contained all necessary provisions for employee protections and entitlements. It was noted that the agreement appropriately balanced the interests of the employer and the employees, and it complied with the National Employment Standards and relevant modern awards. The court determined that the agreement was fair and reasonable, and it approved the application for registration. Consequently, the McColl’s Group Holdings Pty Ltd Queensland Bulk Food & Bulk Chemicals Collective Agreement 2018-2021 was registered by the Fair Work Commission.

McColl’s Group Holdings Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established