DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McColls Transport Pty Ltd
(AG2015/6914)

MCCOLL’S GROUP HOLDINGS PTY LTD WESTERN AUSTRALIA BULK CHEMICALS COLLECTIVE AGREEMENT 2015-2018

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 18 JANUARY 2016

Application for approval of the McColl’s Group Holdings Pty Ltd Western Australia Bulk Chemicals Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the McColl’s Group Holdings Pty Ltd Western Australia Bulk Chemicals Collective Agreement 2015-2018 (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 Applicant has provided written undertakings in response to issues raised by the Commission and copies are attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are accordingly accepted and will be taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McColls Transport Pty Ltd was involved in an application for approval of the McColl’s Group Holdings Pty Ltd Western Australia Bulk Chemicals Collective Agreement 2015-2018. The applicant sought approval of the agreement from the Fair Work Commission. The application was brought by McColls Transport Pty Ltd, who was seeking to have the proposed collective agreement approved under the Fair Work Act 2009. The nature of the dispute was whether the proposed agreement met the requirements of the Fair Work Act, specifically in relation to the agreement’s coverage, the bargaining process, and the terms and conditions of employment.

The central legal issue before the court was whether the proposed collective agreement complied with the statutory requirements set out in the Fair Work Act. This involved examining the process by which the agreement was negotiated, the scope of its coverage, and the specific terms and conditions outlined in the agreement. The court had to determine if the agreement was made in good faith, if it was fairly and properly negotiated, and if it met the criteria for coverage and content as prescribed by the legislation.

In reaching its decision, the court examined the evidence provided regarding the bargaining process and the terms of the agreement. The court found that the agreement was negotiated in good faith and that the process followed was fair and proper. The terms and conditions of the agreement were also considered to be reasonable and appropriate for the employees covered by it. Consequently, the court approved the proposed collective agreement, finding that it met all the statutory requirements under the Fair Work Act. The final orders of the court were that the McColl’s Group Holdings Pty Ltd Western Australia Bulk Chemicals Collective Agreement 2015-2018 be approved and registered under the Fair Work Act 2009.

McColls 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