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

Case •

[2024] FWCA 3873

•

6 NOVEMBER 2024
[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

  1. 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).

  1. The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

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

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

COMMISSIONER

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<AE526664  PR780993>

ANNEXURE A

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