DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Murphy Transport Solutions Pty Ltd
(AG2016/3929)

MURPHY TRANSPORT SOLUTIONS PTY LTD ENTERPRISE AGREEMENT (SOUTH AUSTRALIA) 2016

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 22 JULY 2016

Application for approval of the Murphy Transport Solutions Pty Ltd Enterprise Agreement (South Australia) 2016.

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

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

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Murphy Transport Solutions Pty Ltd was before the Fair Work Commission in an application for the approval of the Murphy Transport Solutions Pty Ltd Enterprise Agreement (South Australia) 2016. The application involved a dispute between the employer and the union, which sought to have the enterprise agreement approved. The union argued that the agreement was necessary to improve the working conditions and wages of the employees.

The legal issues that the Commission needed to address included whether the agreement met the statutory requirements under the Fair Work Act 2009, including the provisions for good faith bargaining, and whether the agreement provided for a safety net of minimum terms and conditions of employment. The Commission also had to consider whether the agreement contained terms that were contrary to public policy or were otherwise invalid.

In reaching its decision, the Commission considered the evidence presented by both parties and the relevant provisions of the Fair Work Act. The Commission found that the agreement was the product of good faith bargaining and met the statutory requirements for approval. The Commission also found that the agreement provided for a safety net of minimum terms and conditions of employment and did not contain any terms that were contrary to public policy. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Murphy Transport Solutions Pty Ltd Enterprise Agreement (South Australia) 2016, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included changes to the provisions relating to shift loadings and penalty rates, as well as the inclusion of a dispute resolution clause. The Commission also made an order that the agreement would be registered with the Fair Work Commission and would be available for inspection by the public.

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