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

[2024] FWCA 3873

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

(AG2024/3728)

MCCOLL’S OPERATIONS GIPPSLAND DAIRY TRANSPORT AGREEMENT 2024 TO 2027

Road transport industry
COMMISSIONER TRAN	MELBOURNE, 6 NOVEMBER 2024

Application for approval of the McColl's Operations Pty Ltd Gippsland Dairy Transport Agreement 2024 to 2027

Mccoll's Operations Pty Ltd T/A Mccoll's Transport Pty Ltd has applied for approval of an enterprise agreement known as McColl’s Operations Gippsland Dairy Transport Agreement 2024 to 2027 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

The Agreement is a single enterprise agreement.

Clause 1.4 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Transport Workers Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the TWU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 November 2024.

In accordance with clause 1.5, the nominal expiry date of the Agreement is 30 June 2026.

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 Fair Work Commission for the approval of the Gippsland Dairy Transport Agreement 2024 to 2027. The application involved the terms and conditions under which employees in the dairy transport industry would be governed during the specified period. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 in terms of fairness, simplicity, and promoting productivity and workplace harmony.

The court had to decide whether the proposed agreement was a "better off overall test" (BOOT) agreement, meaning that it would provide overall benefits to the employees that outweighed any detriments. This involved an assessment of whether the agreement would deliver real improvements in pay and conditions, and whether it was consistent with the principles of the Fair Work Act. The court also needed to consider if the agreement provided for adequate consultation with employees and whether it was consistent with the relevant industry award and enterprise agreements.

The Fair Work Commission approved the application, finding that the agreement met the statutory requirements. The Commission determined that the proposed agreement provided for a number of benefits, including improvements to pay and conditions, and was consistent with the principles of the Fair Work Act. The Commission also found that there had been adequate consultation with employees and that the agreement would promote productivity and workplace harmony. The Commission concluded that the agreement was a BOOT agreement and therefore approved it under the Act.

The Commission ordered that the Gippsland Dairy Transport Agreement 2024 to 2027 be approved as a registered agreement under the Fair Work Act 2009. The approval was effective from the date of the decision and would remain in force until the end of the specified period. The decision provides certainty for both employers and employees in the dairy transport industry, ensuring that they are governed by a fair and effective agreement for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established