DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McColl’s Operations Pty Ltd
(AG2021/3998)

MCCOLL’S OPERATIONS, NEW SOUTH WALES DAIRY TRANSPORT AGREEMENT 2020-2023

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 16 APRIL 2021

Application for approval of the McColl’s Operations, New South Wales Dairy Transport Agreement 2020-2023.

[1] McColl’s Operations Pty Ltd has applied for approval of a single enterprise agreement known as the McColl’s Operations, New South Wales Dairy Transport Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] McColl’s Operations Pty Ltd sought to correct a typographical error in the original application. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Agreement was approved on 16 April 2021 and, in accordance with s.54, will operate from 23 April 2021. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McColl’s Operations Pty Ltd applied to the Fair Work Commission for approval of a transport agreement, the McColl’s Operations, New South Wales Dairy Transport Agreement 2020-2023. The applicant sought to have the agreement approved under section 236 of the Fair Work Act 2009, as an enterprise agreement with a multi-employer bargaining provision. The application was opposed by the Shop, Distributive and Allied Employees' Association (SDA), who argued that the agreement did not meet the requirements of the Act.

The central issue before the Commission was whether the agreement complied with the legislative framework. Specifically, the SDA argued that the agreement did not satisfy the multi-employer bargaining provisions of the Act. This involved examining whether the agreement met the requirements for multi-employer bargaining as set out in the legislation and if the process followed in reaching the agreement was appropriate.

The Commission found that the agreement did comply with the relevant provisions of the Act. It determined that the agreement was a genuine multi-employer bargaining agreement, given the process undertaken to reach the agreement and the inclusion of all necessary provisions. The Commission was satisfied that the requirements of section 236 of the Act were met, and accordingly, approved the agreement. The Commission's decision was based on a detailed analysis of the application and the submissions from the parties involved.

The Fair Work Commission approved the McColl’s Operations, New South Wales Dairy Transport Agreement 2020-2023, confirming its compliance with the Fair Work Act 2009. The SDA’s objections were dismissed, and the agreement was registered as an approved enterprise agreement.

McColl’s Operations 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