Murphy Transport Solutions Pty Ltd

[2013] FWCA 5445

[2013] FWCA 5445

FAIR WORK COMMISSION

DECISION

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

Murphy Transport Solutions Pty Ltd
(AG2013/2079)

MURPHY TRANSPORT SOLUTIONS PTY LTD ENTERPRISE AGREEMENT (QUEENSLAND) 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 8 AUGUST 2013

Application for approval of the Murphy Transport Solutions Pty Ltd Enterprise Agreement (Queensland) 2013.

[1] An application has been made for approval of an enterprise agreement known as the Murphy Transport Solutions Pty Ltd Enterprise Agreement (Queensland) 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Murphy Transport Solutions Pty Ltd (the company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 23 July 2013.

[3] The company has provided written undertakings in relation to the annual leave loading in clause 31 as well as the notice period for probationary employees in clause 35.

[4] I am satisfied the undertakings meet any concern I have in relation to the Agreement. In accepting the undertakings I have also accepted that they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54, will operate from 15 August 2013. The nominal expiry date is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE402909  PR539892>