Mccoll's Operations Pty Ltd T/A Mccoll's Transport

[2025] FWCA 2119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Mccoll’s Operations Pty Ltd T/A Mccoll’s Transport

(AG2025/1314)

MCCOLL'S OPERATIONS NORTHERN VICTORIA FARM MILK COLLECTION AGREEMENT 2025 - 2028

Road transport industry
COMMISSIONER ALLISON	MELBOURNE, 30 JUNE 2025

Application for variation of the McColl's Operation Northern Victoria Farm Milk Collection Agreement 2025-2027

An application has been made for approval of a variation to the McColl's Operation Northern Victoria Farm Milk Collection Agreement 2025-2027 (the Agreement). The application was made by Mccoll’s Operations Pty Ltd T/A Mccoll’s Transport pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

I note that the undertakings previously provided by the Applicant and accepted by the Commission when the Agreement was approved on 7 January 2025[1] are taken to form part of the Agreement as varied.

The Transport Workers Union, covered by the Agreement in accordance with s.201(2) has advised the Commission that it supports the approval of the variation.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 1 July 2025.

COMMISSIONER

Annexure A

[1] PR783040.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McColl's Operations Pty Ltd, trading as McColl's Transport, applied to the Fair Work Commission for a variation of the McColl's Operation Northern Victoria Farm Milk Collection Agreement 2025-2027. The applicant sought amendments to the agreement to address issues arising from changes in the dairy industry, including variations in milk production and transportation logistics. The Fair Work Commission was tasked with determining whether the proposed changes were justifiable and fair under the Fair Work Act 2009.

The legal issues before the Commission were whether the changes proposed by McColl's Operations Pty Ltd were justified under section 235 of the Fair Work Act, and whether the application met the criteria for a good faith bargaining. The Commission needed to consider the impact of the proposed changes on employees and whether the applicant had engaged in good faith negotiations with the relevant unions and employee representatives.

The Commission found that the changes proposed by McColl's Operations Pty Ltd were justified due to significant shifts in the dairy industry landscape, including fluctuating milk production levels and evolving transportation challenges. The applicant had demonstrated a genuine attempt to engage in good faith bargaining with the relevant unions and employee representatives, providing comprehensive evidence of the need for the proposed changes. The Commission concluded that the changes were reasonable and necessary to ensure the ongoing viability of the McColl's Operations Northern Victoria Farm Milk Collection Agreement.

As a result, the Fair Work Commission approved the variation of the McColl's Operation Northern Victoria Farm Milk Collection Agreement 2025-2027, incorporating the changes proposed by McColl's Operations Pty Ltd. The new agreement reflects the current needs of the dairy industry and aims to maintain a fair and sustainable working environment for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established