DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McColl’s Operations Pty Ltd
(AG2020/3560)

MCCOLL’S OPERATIONS PTY LTD SOUTH AUSTRALIA DAIRY TRANSPORT AGREEMENT 2020-2023

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 DECEMBER 2020

Application for approval of the McColl’s Operations Pty Ltd South Australia Dairy Transport Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the McColl’s Operations Pty Ltd South Australia Dairy Transport Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McColl’s Operations Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to 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 31 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McColl’s Operations Pty Ltd applied for the approval of the South Australia Dairy Transport Agreement 2020-2023 under the Fair Work Act 2009. The application was before the Full Bench of the Fair Work Commission. The dispute involved the terms and conditions of employment for dairy transport workers in South Australia. The key legal issues were whether the proposed agreement provided for the safety, health and welfare of employees, and whether the agreement met the “better off overall test” in relation to the National Dairy Farm Gate Price Agreement 2018-2021.

The Full Bench held that the proposed agreement provided for the safety, health and welfare of employees, and that the agreement met the “better off overall test.” The Bench found that the agreement provided for a wage increase that was sufficient to meet the needs of employees and their families, and that the agreement provided for improvements in other conditions of employment, such as leave entitlements and dispute resolution procedures. The Bench also found that the agreement was consistent with the principles of the National Employment Standards and the National Workplace Relations Framework.

The Full Bench approved the South Australia Dairy Transport Agreement 2020-2023, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included changes to the agreement’s provisions on termination of employment and the calculation of overtime rates. The Full Bench noted that the modifications did not significantly alter the overall terms and conditions of employment provided for in the agreement. The approval of the agreement was an important step in providing certainty and stability to the dairy transport industry in South Australia.

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