McColl’s Operations Pty Ltd

[2022] FWCA 3030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McColl’s Operations Pty Ltd

(AG2022/3512)

McColl’s Operations Pty Ltd Western Australia Bulk Chemicals Collective Agreement 2022 - 2025

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 1 SEPTEMBER 2022

Application for approval of the McColl’s Operations Pty Ltd Western Australia Bulk Chemicals Collective Agreement 2022 - 2025

An application has been made for approval of an enterprise agreement known as the McColl’s Operations Pty Ltd Western Australia Bulk Chemicals Collective Agreement 2022 - 2025 (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 Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2022. The nominal expiry date of the Agreement is 8 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McColl’s Operations Pty Ltd sought approval of a proposed collective agreement from the Fair Work Commission, which would govern the employment conditions of workers within the Western Australia bulk chemicals industry from 2022 to 2025. The application was brought before the Commission to ensure that the agreement met the necessary standards under the Fair Work Act 2009. The applicants argued that the proposed agreement addressed the needs of both employers and employees effectively, while the respondents contended that the agreement failed to adequately protect the rights of employees.

The primary legal issues before the Commission involved whether the proposed agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. Specifically, the Commission needed to assess whether the agreement met the formal requirements, including proper notice and consultation, and substantive fairness, ensuring it provided for fair and reasonable terms and conditions of employment. The Commission also needed to determine if the agreement would promote harmonious, productive and cooperative workplace relationships.

After examining the evidence and submissions, the Commission concluded that the proposed agreement was compliant with the formal and substantive fairness requirements of the Fair Work Act. The Commission found that the agreement provided for reasonable terms and conditions of employment and that it would promote harmonious, productive and cooperative workplace relationships. As such, the Commission approved the McColl’s Operations Pty Ltd Western Australia Bulk Chemicals Collective Agreement 2022 - 2025. The final orders of the Commission were that the proposed agreement be approved as a registered agreement under the Fair Work Act, effective from the date of the Commission’s decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established