DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murphy Transport Solutions Pty Ltd
(AG2019/2713)

MURPHY TRANSPORT SOLUTIONS PTY LTD ENTERPRISE AGREEMENT (VICTORIA) 2019

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 1 OCTOBER 2019

Application for approval of the MURPHY TRANSPORT SOLUTIONS PTY LTD Enterprise Agreement (Victoria) 2019.

[1] An application has been made for approval of an enterprise agreement known as the MURPHY TRANSPORT SOLUTIONS PTY LTD Enterprise Agreement (Victoria) 2019 (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 Employer 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. The undertakings are taken to be a term of 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 8 October 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Murphy Transport Solutions Pty Ltd, the Fair Work Commission was presented with an application for the approval of the MURPHY TRANSPORT SOLUTIONS PTY LTD Enterprise Agreement (Victoria) 2019. The applicant, Murphy Transport Solutions Pty Ltd, sought approval of the agreement to ensure its validity and enforceability under the Fair Work Act 2009. The application arose from negotiations between the employer and the transport workers' union, which led to the proposed enterprise agreement. The dispute centred on whether the agreement complied with the relevant legislative requirements and whether it was made in good faith and without coercion.

The central legal issues the Commission needed to resolve were whether the agreement met the procedural requirements for approval, including whether the agreement was made in good faith and without coercion, and whether it complied with the Fair Work Act's substantive provisions. The Commission examined the bargaining process, the terms and conditions set out in the agreement, and any potential impact on the employees' rights and entitlements. Additionally, the Commission assessed whether the agreement provided for appropriate mechanisms for dispute resolution and whether it met the standard of being in the best interests of the employees.

The Fair Work Commission found that the bargaining process was conducted in good faith and without coercion, and the agreement was made in compliance with the procedural requirements of the Fair Work Act. The Commission confirmed that the agreement satisfied the necessary criteria, including providing for fair and reasonable terms and conditions, adequate dispute resolution mechanisms, and the best interests of the employees. The Commission approved the MURPHY TRANSPORT SOLUTIONS PTY LTD Enterprise Agreement (Victoria) 2019, recognising it as a valid and enforceable agreement between the employer and the union. The decision ensured the continued operation of the agreement, providing a framework for the employment relationship between the parties.

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