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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McColl’s Transport Pty Ltd was involved in a dispute with its employees over the approval of a collective agreement, specifically the McColl’s Group Holdings Pty Ltd Pakenham Collective Agreement 2014 - 2017. The matter was brought before the Fair Work Commission (FWC) for adjudication.

The key legal issues that the FWC had to decide were whether the terms and conditions of the collective agreement met the requirements under the Fair Work Act 2009 and whether the agreement was fair and reasonable. This involved examining the process through which the agreement was negotiated and whether it was done in good faith. Furthermore, the FWC had to consider whether the agreement provided for minimum entitlements as stipulated by the Act and if it appropriately balanced the rights and interests of both employers and employees.

The FWC thoroughly assessed the negotiation process and found that it was conducted in good faith, with adequate consultation between the parties. The commission concluded that the agreement provided for minimum entitlements as required by the Act and was fair and reasonable. The terms and conditions of the agreement were deemed to be consistent with the overarching principles of the Act, and the agreement was ultimately approved. This decision ensured that the collective agreement would govern the employment conditions for the specified period, providing clarity and stability for both the employer and the employees involved.

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