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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McColls Transport Pty Ltd applied to the Fair Work Commission for the approval of the McColl’s Group Holdings NSW Collective Agreement Farm Milk Collection 2014-2017. The applicant, a transport company, sought to have the agreement certified as a modern award, providing the terms and conditions of employment for farm milk collection drivers employed by McColl’s Group Holdings NSW. The union representing the drivers opposed the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issues for the Commission were whether the agreement was a genuine agreement, whether it contained the minimum terms and conditions required by the Fair Work Act, and whether it complied with the procedural requirements for certification. The Commission had to consider whether the union representing the drivers had genuinely negotiated the agreement and whether the agreement contained the minimum terms and conditions as prescribed by the Act. The Commission also needed to assess whether the agreement was made in accordance with the procedural requirements set out in the Act.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. The Commission found that the agreement was genuinely negotiated and contained the minimum terms and conditions required by the Act. The Commission also found that the agreement complied with the procedural requirements for certification. The Commission was satisfied that the union had genuinely negotiated the agreement and that the agreement contained the minimum terms and conditions as prescribed by the Act. The Commission also found that the agreement was made in accordance with the procedural requirements set out in the Act.

The Fair Work Commission approved the McColl’s Group Holdings NSW Collective Agreement Farm Milk Collection 2014-2017 as a modern award, effective from the date of the Commission’s decision. The award provided the terms and conditions of employment for farm milk collection drivers employed by McColl’s Group Holdings NSW. The award was to remain in effect until the end of the agreement period or until a new agreement was made or until the award was replaced by a new modern award or a registered agreement.

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