DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murphy Transport Solutions Pty Ltd
(AG2016/5975)

MURPHY TRANSPORT SOLUTIONS PTY LTD ENTERPRISE AGREEMENT (QUEENSLAND) 2016

Road transport industry
DEPUTY PRESIDENT ASBURY	CANBERRA, 3 NOVEMBER 2016

Application for approval of the MURPHY TRANSPORT SOLUTIONS PTY LTD Enterprise Agreement (Queensland) 2016.

[1] Murphy Transport Solutions Pty Ltd applies for approval of an enterprise agreement known as the MURPHY TRANSPORT SOLUTIONS PTY LTD Enterprise Agreement (Queensland) 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] On 2 November 2016 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

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

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 10 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Murphy Transport Solutions Pty Ltd was the subject of an application for approval of the Enterprise Agreement (Queensland) 2016. The applicant, Murphy Transport Solutions, sought approval of the agreement from the Fair Work Commission. The dispute involved whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for the terms and conditions of employment for the employees covered by the agreement.

The central legal issue before the court was whether the Enterprise Agreement was a lawful and valid agreement under the Fair Work Act. Specifically, the court needed to determine whether the agreement was made in good faith, whether it provided for the minimum entitlements as required by the Act, and whether it had been certified by an independent body. Additionally, the court had to consider whether the agreement complied with the relevant provisions of the Act concerning the terms and conditions of employment.

The court examined the provisions of the agreement and found that it met the necessary criteria for approval. The agreement was made in good faith, provided for the minimum entitlements as required by the Fair Work Act, and was certified by an independent body. The court also noted that the agreement contained terms and conditions that were fair and reasonable and did not disadvantage any party. Consequently, the court approved the Enterprise Agreement (Queensland) 2016 for Murphy Transport Solutions Pty Ltd.

The court's decision resulted in the formal approval of the Enterprise Agreement, which would now govern the terms and conditions of employment for the employees covered by the agreement. The agreement would provide a framework for the relationship between the employer and the employees, ensuring that both parties' rights and obligations were met.

Murphy Transport Solutions 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