McColl’s Transport Pty Ltd

[2014] FWCA 7675

[2014] FWCA 7675

FAIR WORK COMMISSION

DECISION

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

McColl’s Transport Pty Ltd
(AG2014/7928)

MCCOLL'S GROUP HOLDINGS PTY LTD SA FARM MILK COLLECTIVE AGREEMENT 2014 - 2017

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 30 OCTOBER 2014

Application for approval of the McColl's Group Holdings Pty Ltd SA Farm Milk 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 SA Farm Milk 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] The Agreement does contain a flexibility term, however, it is not a flexibility term that fully complies with s202 of the Act. Consequently the model flexibility term is taken to be a term of the Agreement.

[3] McColls Transport Pty Ltd has provided a signed written undertaking in relation to the definition of seasonal employees and the cashing out of annual leave. I am satisfied the undertaking meets my concerns.

[4] 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.

[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 30 June 2017.

COMMISSIONER

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