McColl's Transport Pty Ltd

[2014] FWCA 7683

[2014] FWCA 7683

The attached document replaces the document previously issued with the above code on 30 October 2014.

Typographical error in Title

John Posener

Associate to Commissioner Cargill

Dated 31 October 2014

[2014] FWCA 7683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

McColl's Transport Pty Ltd
(AG2014/7769)

MCCOLL’S GROUP HOLDINGS PTY LTD VICTORIAN BULK FOOD & BULK CHEMICALS COLLECTIVE AGREEMENT 2014-2017

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 30 OCTOBER 2014

Application for approval of the McColl's Group Holdings Pty Ltd Victorian Bulk Food & Bulk Chemicals 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 Victorian Bulk Food & Bulk Chemicals 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 agreement is a single-enterprise agreement.

[2] McColls Transport Pty Ltd has provided a signed written undertaking, in relation to the payment of annual leave loading on termination. I am satisfied the undertaking meets my concerns.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The Transport Workers’ Union of Australia 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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54, will operate from 6 November 2014. The nominal expiry date is 1 March 2017.

COMMISSIONER

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