McColl’s Transport Pty Ltd

[2015] FWCA 3303

[2015] FWCA 3303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McColl’s Transport Pty Ltd
(AG2015/832)

MCCOLL’S GROUP HOLDINGS PTY LTD PAKENHAM COLLECTIVE AGREEMENT 2014 - 2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 14 MAY 2015

Application for approval of the McColl’s Group Holdings Pty Ltd Pakenham Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the McColl’s Group Holdings Pty Ltd Pakenham Collective Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by McColl’s Transport Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 12 May 2015 undertakings were provided by Ms S West, HR Manager of the Company, in relation to clause 6.2.3(a) (Flexibility) and Appendix 1 (Classifications) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2015. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

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Annexure A