McColl’s Transport Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McColl’s Transport Pty Ltd applied for approval of the McColl's Group Holdings Pty Ltd SA Farm Milk Collective Agreement 2014-2017. The applicant, a subsidiary of McColl’s Group Holdings Pty Ltd, sought the approval of this agreement, which was intended to cover its employees. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The nature of the dispute involved the specifics of the agreement and whether it complied with the statutory requirements for approval.

The primary legal issues before the court were whether the agreement provided for fair and reasonable terms and conditions, and if the agreement was made in good faith and without coercion. Additionally, the court had to consider whether the agreement contained the necessary provisions for the protection of employees, such as minimum wages, leave entitlements, and dispute resolution mechanisms. The court also needed to ensure that the agreement was not contrary to public policy or otherwise unlawful.

In delivering its decision, the Fair Work Commission found that the agreement met the statutory requirements for approval. The court considered the terms and conditions of the agreement, the process by which it was made, and the protections it afforded to employees. The Commission concluded that the agreement was fair and reasonable, and that it had been made in good faith and without coercion. The agreement was found to provide for adequate minimum wages, leave entitlements, and dispute resolution mechanisms, and it did not contravene any public policy or legal provisions. As a result, the Commission approved the agreement, confirming its compliance with the necessary legislative criteria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established