McColl’s Group Holdings Pty Ltd Summary

[2014] FWCA 8206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McColl’s Group Holdings Pty Ltd
(AG2014/9767)

MCCOLL’S GROUP HOLDINGS NSW COLLECTIVE AGREEMENT BULK FOOD AND BULK CHEMICAL 2014-2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 18 NOVEMBER 2014

Application for approval of the McColl’s Group Holdings Pty Ltd NSW Collective Agreement Bulk Food and Bulk Chemical 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as McColl’s Group Holdings NSW Collective Agreement Bulk Food and Bulk Chemical 2014-2017 (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. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McColl’s Group Holdings Pty Ltd applied to the Fair Work Commission for approval of the McColl’s Group Holdings Pty Ltd NSW Collective Agreement Bulk Food and Bulk Chemical 2014-2017. The application was made under section 232 of the Fair Work Act 2009. The applicants were McColl’s Group Holdings Pty Ltd and the respondents were the Food, Confectionery, Tobacco and Allied Workers Union, the National Tertiary Education Union, the Shop, Distributive and Allied Employees Association, and the Transport Workers Union. The dispute arose from the parties’ inability to reach an agreement regarding the terms and conditions of employment for workers in the bulk food and bulk chemical sectors.

The legal issues before the Commission involved the validity and enforceability of the proposed agreement. The Commission had to determine whether the agreement met the criteria for approval as set out in the Fair Work Act 2009, including ensuring that the agreement provided for a fair and efficient workplace, promoted workplace harmony, and was not contrary to public interest. The Commission also had to consider the parties’ bargaining positions, the process through which the agreement was reached, and whether the agreement provided for the fair and reasonable terms and conditions of employment.

After reviewing the evidence and submissions from the parties, the Commission found that the proposed agreement met the criteria for approval. The Commission noted that the agreement contained provisions for a fair and efficient workplace, promoted workplace harmony, and was not contrary to public interest. The Commission also found that the agreement was made in good faith and provided for the fair and reasonable terms and conditions of employment. The Commission approved the application for the collective agreement.

The Fair Work Commission approved the McColl’s Group Holdings Pty Ltd NSW Collective Agreement Bulk Food and Bulk Chemical 2014-2017, effective from 1 January 2015 to 31 December 2017. The Commission found that the agreement met the criteria for approval under the Fair Work Act 2009 and provided for the fair and reasonable terms and conditions of employment. The decision provides clarity and certainty to the parties involved and ensures that the agreement is enforceable under the Act.

McColl’s Group Holdings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established