DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murphy Transport Solutions Pty Ltd
(AG2016/4055)

MURPHY TRANSPORT SOLUTIONS PTY LTD ENTERPRISE AGREEMENT (VICTORIA) 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2016

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

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

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to 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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, 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 of the Act, will operate from 20 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Murphy Transport Solutions Pty Ltd, the Fair Work Commission was called upon to determine the approval of the enterprise agreement between the company and its employees, as represented by the Transport Workers Union of Australia. The dispute centred around various terms and conditions proposed in the agreement, including issues related to pay rates, penalty rates, and work arrangements.

The legal issues that arose required the Commission to assess whether the agreement met the statutory requirements under the Fair Work Act 2009. This included verifying that the agreement provided for fair and reasonable terms and conditions, and that it had been genuinely negotiated between the employer and the union. The Commission also had to consider whether the agreement complied with the "better off overall test," ensuring that employees would not be worse off financially under the new terms.

The Fair Work Commission carefully reviewed the submissions from both parties and examined the proposed terms of the agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it had been genuinely negotiated. The Commission also determined that the agreement met the better off overall test, as it improved certain aspects of the employees' remuneration and conditions. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the necessary legislative requirements.

The Fair Work Commission issued its decision approving the Murphy Transport Solutions Pty Ltd Enterprise Agreement (Victoria) 2016, subject to the terms and conditions outlined in the decision. This approval ensures that the agreement will be binding on the parties and will govern the employment relationship between the company and its employees as represented by the union.

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