DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McColl’s Transport
(AG2017/88)

MCCOLL’S TRANSPORT GROUP HOLDINGS PTY LTD NORTHERN FARM MILK COLLECTIVE AGREEMENT 2017 - 2019

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 15 MARCH 2017

Application for approval of the McColl’s Transport Group Holdings Pty Ltd Northern Farm Milk Collective Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the McColl’s Transport Group Holdings Pty Ltd Northern Farm Milk Collective Agreement 2017 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McColl’s Transport. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings 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.

[4] The Transport Workers’ Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

McColl’s Transport Group Holdings Pty Ltd applied to the Fair Work Commission for approval of a collective agreement. The applicant sought to enter into an agreement with the Northern Farm Milk Drivers Union, representing employees of the company involved in the transport of milk. The dispute arose as the applicant argued the agreement was necessary to ensure the operational efficiency and economic viability of the business, while the union contested certain provisions of the agreement.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act 2009, particularly whether it provided for fair and reasonable terms and conditions, and whether it was in the best interests of the employees. Additionally, the Commission had to determine if the agreement adequately addressed the operational needs of McColl’s Transport, and if the provisions were necessary and reasonable in the circumstances.

The Commission found that the proposed agreement contained provisions that were necessary to ensure the economic viability of McColl’s Transport, and that these provisions were reasonable in the context of the specific operational requirements of the business. The Commission also concluded that the agreement provided for fair and reasonable terms and conditions, and that it was in the best interests of the employees. The union’s objections were largely centred on the perceived excessive working hours and lack of adequate rest breaks, but the Commission found these provisions to be necessary given the unique demands of the milk transport industry. Consequently, the Commission approved the agreement.

The final orders of the Commission were that the McColl’s Transport Group Holdings Pty Ltd Northern Farm Milk Collective Agreement 2017 - 2019 be approved as a certified agreement under the Fair Work Act 2009. This decision enables the agreement to be enforced as a binding contract between the parties, effective from the date of approval.

McColl’s Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established