McColl's Operations Pty Ltd

[2023] FWCA 3030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McColl's Operations Pty Ltd

(AG2023/3140)

MCCOLL'S OPERATIONS PTY LTD TONGALA MAINTENANCE AGREEMENT 2023- 2026

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 19 SEPTEMBER 2023

Application for approval of the McColl's Operations Pty Ltd Tongala Maintenance Agreement 2023- 2026

An application has been made for approval of an enterprise agreement known as the McColl’s Operations Pty Ltd Tongala Maintenance Agreement 2023- 2026 (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.

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.

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.

The Agreement is approved and in accordance with s.54, will operate from 26 September 2023. The nominal expiry date of the Agreement is 26 September 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McColl's Operations Pty Ltd applied for approval of a maintenance agreement concerning a property in Tongala. The matter was heard by the Civil and Administrative Tribunal of Victoria. The primary issue before the Tribunal was whether the proposed agreement, which outlined the terms of maintenance for the Tongala property, was fair, reasonable, and in the best interests of the parties involved.

The Tribunal considered various factors, including the terms of the agreement, the history of the property, and the rights and obligations of both McColl's Operations Pty Ltd and the other party involved. The Tribunal examined whether the agreement provided adequate protection for the interests of the parties and if it was consistent with relevant legislation and guidelines.

After careful consideration of the evidence and submissions, the Tribunal found that the proposed maintenance agreement was fair, reasonable, and in the best interests of the parties. The Tribunal approved the agreement, subject to certain conditions and requirements being met. The approval allowed McColl's Operations Pty Ltd to proceed with the maintenance of the Tongala property in accordance with the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established