McColl’s Operations Pty Ltd
[2023] FWCA 516
•20 FEBRUARY 2023
| [2023] FWCA 516 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
McColl’s Operations Pty Ltd
(AG2023/60)
McColl’s Operations Northern Victoria Farm Milk Collection Agreement 2022-2024
| Road transport industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 20 FEBRUARY 2023 |
Application for approval of the McColl’s Operations Northern Victoria Farm Milk Collection Agreement 2022-2024.
An application has been made for approval of an enterprise agreement known as the McColl’s Operations Northern Victoria Farm Milk Collection Agreement 2022-2024 (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 as are relevant to this application for approval have been met.
I note that clause 2.4.2 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2023. The nominal expiry date of the Agreement is 31 December 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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