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

[2024] FWCA 906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/587)

MCCOLL’S OPERATIONS PTY LTD NEW SOUTH WALES BULK FOOD AND BULK CHEMICALS AGREEMENT 2024 - 2027

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 13 MARCH 2024

Application for approval of the McColl’s Operations Pty Ltd New South Wales Bulk Food and Bulk Chemicals Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement to be known as the McColl’s Operations Pty Ltd New South Wales Bulk Food and Bulk Chemicals Agreement 2024 - 2027 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by McColl’s Operations Pty Ltd Trading As McColl’s Transport Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2024. The nominal expiry date of the Agreement is 20 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McColl’s Operations Pty Ltd, trading as McColl’s Transport Pty Ltd, sought approval from the Fair Work Commission for the McColl’s Operations Pty Ltd New South Wales Bulk Food and Bulk Chemicals Agreement 2024-2027. The application was made under section 234 of the Fair Work Act 2009, with the application focusing on the appropriateness and fairness of the proposed enterprise agreement terms. The Commission was required to consider whether the agreement met the "better off overall test" and whether it complied with the various statutory provisions designed to protect employee rights and ensure fair treatment.

The primary legal issues before the Commission involved assessing whether the proposed agreement provided employees with a net benefit compared to their existing conditions, as mandated by section 233 of the Act. The Commission also needed to determine if the agreement complied with other statutory requirements, including those relating to minimum wages, penalty rates, and provisions for redundancy and termination. Additionally, the Commission considered whether the agreement met the "genuine agreement" requirement, ensuring that it was not the result of any form of coercion or unfair labour practices.

The Fair Work Commission concluded that the proposed agreement provided a fair and reasonable outcome for employees, meeting the better off overall test. The Commission found that the agreement included provisions that were not less favourable than existing conditions, and it contained adequate protections for employees, including provisions for minimum wages, penalty rates, and redundancy. The Commission also determined that the agreement was genuinely agreed upon, with no evidence of coercion or unfair labour practices. As a result, the Commission approved the McColl’s Operations Pty Ltd New South Wales Bulk Food and Bulk Chemicals Agreement 2024-2027.

The Fair Work Commission issued an order approving the McColl’s Operations Pty Ltd New South Wales Bulk Food and Bulk Chemicals Agreement 2024-2027, effective from the date of the order. The agreement is to be registered with the Fair Work Commission and will apply to the relevant employees covered by the agreement. This decision ensures that the terms of the agreement are legally enforceable and provides certainty for both the employer and employees regarding their rights and obligations under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established