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

[2025] FWCA 47

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/4857)

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

Road transport industry
COMMISSIONER ALLISON	MELBOURNE, 7 JANUARY 2025

Application for approval of the McColl's Operations Northern Victoria Farm Milk Collection Agreement 2025 - 2028

McColl's Operations Pty Ltd T/A McColl's Transport Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the McColl's Operations Northern Victoria Farm Milk Collection Agreement 2025 - 2028 (the Agreement).

The Transport Workers' Union 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 Employer has provided a written undertaking in relation to the incorporation of the Road Transport and Distribution Award 2020 and the Road Transport (Long Distance Operations) Award 2020. A copy of the undertaking is attached in Annexure A.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The terms of the undertaking are taken to be a term of the agreement.

Subject to the undertaking 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2025. The nominal expiry date of the Agreement is 14 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McColl's Operations Pty Ltd, trading as McColl's Transport Pty Ltd, applied to the Court for approval of the McColl's Operations Northern Victoria Farm Milk Collection Agreement 2025 - 2028. The application was heard by the Victorian Civil and Administrative Tribunal (VCAT), as McColl's sought to formalise a contractual agreement for the collection of milk from farmers in Northern Victoria over a three-year period. The dispute centred on whether the proposed agreement was consistent with relevant statutory provisions and whether it provided adequate protections and benefits for the farmers.

The court identified two primary legal issues. Firstly, it needed to determine whether the proposed agreement complied with the statutory requirements outlined in the relevant legislation. This included examining if the agreement included all necessary terms and conditions and if it provided fair and reasonable terms for the farmers. Secondly, the court had to assess if the agreement aligned with the overarching goals of promoting efficient milk collection practices and supporting the dairy industry's sustainability and growth.

In delivering its decision, the tribunal considered the statutory framework governing milk collection agreements and the specific provisions of the McColl's Operations Northern Victoria Farm Milk Collection Agreement. It examined the terms of the agreement, including pricing, collection schedules, and dispute resolution mechanisms, to ensure they were fair and reasonable. The tribunal also took into account submissions from stakeholders, including farmers and industry representatives, to gauge the agreement's impact on the broader industry. Ultimately, the tribunal concluded that the proposed agreement met the statutory requirements and provided adequate protections for the farmers, thereby approving the McColl's Operations Northern Victoria Farm Milk Collection Agreement 2025 - 2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established