McColl's Transport Pty Ltd

[2018] FWCA 7794

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

McColl's Transport Pty Ltd

(AG2018/4585)

McColl's Group Holdings Pty Ltd Victorian Bulk Food & Bulk Chemicals Collective Agreement 2017-2020

Road transport industry
Deputy President Colman	MELBOURNE, 21 DECEMBER 2018

Application for approval of the McColl's Group Holdings Pty Ltd Victorian Bulk Food & Bulk Chemicals Collective Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the McColl’s Group Holdings Pty Ltd Victorian Bulk Food & Bulk Chemicals Collective Agreement 2017 - 2020 (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 Pty Ltd. The agreement is a single enterprise agreement.

The Employer 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 21 December 2018 and, in accordance with s.54, will operate from 28 December 2018. The nominal expiry date of the Agreement is 1 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 the approval of the McColl's Group Holdings Pty Ltd Victorian Bulk Food & Bulk Chemicals Collective Agreement 2017 - 2020. The application was brought before the Fair Work Commission, specifically the Deputy President in the context of a dispute between McColl's Transport Pty Ltd and its employees. The primary focus was on whether the proposed terms and conditions set out in the collective agreement aligned with the statutory requirements under the Fair Work Act 2009.

The legal issues that the court had to address included the validity of the proposed agreement under the Fair Work Act 2009, including whether it complied with the procedural requirements for the application of an enterprise agreement. This encompassed verifying that the agreement was made in good faith, that it was properly authorised, and that it contained appropriate terms and conditions for the employees. Additionally, the court examined whether the agreement provided for the proper balance of rights and obligations for both the employer and the employees.

In its reasoning, the Fair Work Commission found that the application met all the necessary statutory requirements. The Deputy President concluded that the collective agreement was made in good faith, was properly authorised, and contained appropriate terms and conditions for the employees. The court emphasised that the agreement provided a fair and reasonable framework for the employment relationship, balancing the rights and obligations of both parties. Consequently, the Deputy President approved the application for the McColl's Group Holdings Pty Ltd Victorian Bulk Food & Bulk Chemicals Collective Agreement 2017 - 2020.

The final orders of the Fair Work Commission approved the application, allowing the collective agreement to come into effect as of the date of the decision. The agreement was to be registered in accordance with the provisions of the Fair Work Act 2009, ensuring that it would govern the employment terms and conditions for the relevant employees during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established