McColls Transport Pty Ltd

[2015] FWCA 7587

[2015] FWCA 7587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McColls Transport Pty Ltd
(AG2015/5966)

MCCOLL’S GROUP HOLDINGS NSW COLLECTIVE AGREEMENT FARM MILK COLLECTION 2014-2017

Road transport industry
COMMISSIONER ROBERTS	HOBART, 4 NOVEMBER 2015

Application for approval of the McColl’s Group Holdings NSW Collective Agreement Farm Milk Collection 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the McColl’s Group Holdings NSW Collective Agreement Farm Milk Collection 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by McColls Transport Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] On 3 November 2015 an undertaking was provided by Ms Sharon West, the Company’s HR Manager, concerning parental leave, unpaid carers leave, and the right to request flexible work arrangements. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[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] The Agreement is approved and, in accordance with s.54, will operate from 11 November 2015. The nominal expiry date is 31 March 2017.

COMMISSIONER

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Annexure A