DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McColl’s Transport Pty Ltd
(AG2018/6724)

MCCOLL’S GROUP HOLDINGS NSW COLLECTIVE AGREEMENT FARM MILK COLLECTION 2017-2020

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 JUNE 2019

Application for approval of the McColl’s Group Holdings NSW Collective Agreement Farm Milk Collection 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the McColl’s Group Holdings NSW Collective Agreement Farm Milk Collection 2017-2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by McColl’s Transport Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Transport Workers’ Union of Australia (NSW Branch) 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McColl’s Transport Pty Ltd applied for approval of the McColl’s Group Holdings NSW Collective Agreement Farm Milk Collection 2017-2020, in accordance with section 234 of the Fair Work Act 2009. The Fair Work Commission heard the application, with submissions made by the applicant and the Australian Manufacturing Workers’ Union. The Commission was required to decide whether the agreement should be approved as a registered agreement.

The legal issue at hand was whether the proposed agreement complied with the provisions of the Fair Work Act, specifically section 233, which outlines the requirements for a registered agreement. The Commission considered whether the agreement met the criteria for being a genuine agreement, whether it was in writing, and whether it contained the necessary details as required by the Act. The Commission also considered the implications of the agreement for employees and the potential impact on industrial relations in the industry.

After careful consideration of the submissions and the evidence presented, the Commission found that the agreement met the requirements for registration under the Fair Work Act. The Commission determined that the agreement was a genuine agreement that was in writing and contained all necessary details. The Commission also noted that the agreement provided for appropriate protections for employees and did not have any adverse effects on industrial relations in the industry. As such, the Commission approved the agreement as a registered agreement.

The Fair Work Commission approved the McColl’s Group Holdings NSW Collective Agreement Farm Milk Collection 2017-2020 as a registered agreement. The Commission found that the agreement met all necessary requirements and provided appropriate protections for employees. The Commission’s decision ensures that the agreement will be recognised and enforced under the Fair Work Act, providing certainty and stability for both employers and employees in the industry.

McColl’s Transport Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established