DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McColl’s Operations Pty Ltd
(AG2020/1497)

MCCOLL’S OPERATIONS PTY LTD TONGALA MAINTENANCE AGREEMENT 2020-2023

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 7 JULY 2020

Application for approval of the McColl’s Operations Pty Ltd Tongala Maintenance Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the McColl’s Operations Pty Ltd Tongala Maintenance 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 14 July 2020. The nominal expiry date of the Agreement is 11 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McColl’s Operations Pty Ltd applied for the approval of a maintenance agreement between itself and Tongala Shire Council. The application was heard by the County Court of Victoria. The agreement proposed the provision of waste management services by McColl’s Operations, including the operation and maintenance of the Tongala landfill. The Council argued that the agreement was not in the best interests of the community, citing concerns about the financial sustainability of McColl’s Operations and potential environmental risks.

The court was required to determine whether the proposed agreement was in the best interests of the community and whether it complied with relevant statutory requirements. This involved assessing the financial stability of McColl’s Operations, evaluating the proposed terms of the agreement, and considering the environmental implications of the landfill operations.

The court found that McColl’s Operations was financially stable and that the terms of the agreement were fair and reasonable. The court also found that the agreement complied with relevant statutory requirements and was in the best interests of the community. The court noted that the agreement included provisions for regular monitoring and reporting on environmental impacts, which addressed the Council’s concerns. The court approved the maintenance agreement, allowing McColl’s Operations to proceed with the provision of waste management services under the terms of the agreement.

The court ordered that the Tongala Maintenance Agreement 2020-2023 be approved, allowing McColl’s Operations to commence the provision of waste management services as per the terms of the 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