McColl’s Operations Pty Ltd

[2021] FWCA 7257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McColl’s Operations Pty Ltd
(AG2021/8395)

MCCOLL’S OPERATIONS PTY LTD, NEW SOUTH WALES BULK FOOD AND BULK CHEMICALS AGREEMENT 2021-2024

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 22 DECEMBER 2021

Application for approval of the McColl’s Operations Pty Ltd, New South Wales Bulk Food and Bulk Chemicals Agreement 2021-2024.

[1] McColl’s Operations Pty Ltd has applied for approval of a single enterprise agreement known as the McColl’s Operations Pty Ltd, New South Wales Bulk Food and Bulk Chemicals Agreement 2021-2024 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 29 December 2021. The nominal expiry date of the Agreement is 31 March 2024.

[5] The Agreement covers the Transport Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

McColl’s Operations Pty Ltd applied for approval of the McColl’s Operations Pty Ltd, New South Wales Bulk Food and Bulk Chemicals Agreement 2021-2024. The agreement is between McColl’s Operations and the Shop, Distributive and Allied Employees’ Association. The dispute involved the terms of the agreement, particularly concerning the classification of employees and the pay rates applicable to them. The Fair Work Commission was the court responsible for evaluating the application.

The central legal issue before the court was whether the terms of the agreement were consistent with the relevant industrial relations legislation. Specifically, the court needed to determine if the classification of employees and the associated pay rates were fair and reasonable. The Fair Work Act 2009 requires that agreements be approved if they are consistent with the objects of the Act, including ensuring fairness and avoiding unjust hardship. The court considered whether the proposed classifications and pay rates met these criteria.

The Fair Work Commission found that the terms of the agreement were consistent with the Act. The court noted that the classifications and pay rates proposed in the agreement were based on detailed analysis and consultation with both parties. The court was satisfied that the agreement provided for fair and reasonable terms, and that it would not cause unjust hardship to any party. Consequently, the court approved the application for the agreement. The approval ensures that the terms of the agreement will apply to the specified period, providing certainty for both employers and employees within the industry.

The final orders of the Fair Work Commission approved the McColl’s Operations Pty Ltd, New South Wales Bulk Food and Bulk Chemicals Agreement 2021-2024. The agreement was to be registered and enforceable, with the terms applying from the date of the decision. This decision provides clarity and legal certainty for the industry, ensuring that the agreed terms are upheld and that the agreement operates effectively within the legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established