DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murrays Australia Pty Limited
(AG2017/2017)

MURRAYS COACHES (GOLD COAST/BRISBANE DRIVERS) ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
COMMISSIONER JOHNS	SYDNEY, 10 AUGUST 2017

Application for approval of the Murrays Coaches (Gold Coast/Brisbane Drivers) Enterprise Agreement 2017.

[1] On 2 June 2017 Murrays Australia Pty Limited (Applicant) made an application for approval of the Murrays Coaches (Gold Coast/Brisbane Drivers) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the undertakings were provided to the employee representatives for their reference.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 August 2017. The nominal expiry date of the Agreement is 10 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Murrays Australia Pty Limited recently appeared before the Fair Work Commission to seek approval of a proposed enterprise agreement. The applicant sought to enter into an enterprise agreement with drivers employed in the Gold Coast and Brisbane regions. The Fair Work Commission was required to determine whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval as stipulated in the Act. This involved an assessment of whether the agreement contained the necessary provisions for employee entitlements, such as minimum wages, penalty rates, and leave provisions, and whether it adhered to the procedural requirements for the negotiation and approval of enterprise agreements.

In assessing the application, the Commission considered the nature of the proposed agreement and the process through which it was negotiated. The Commission found that the agreement contained all the mandatory terms and conditions required by the Act and that it had been negotiated in good faith. Additionally, the Commission confirmed that the appropriate procedural requirements had been followed, and the agreement had been certified by a certified agreement assessor. Consequently, the Commission approved the proposed agreement, finding it to be in compliance with the legislative requirements.

The final orders of the Commission approved the Murrays Coaches (Gold Coast/Brisbane Drivers) Enterprise Agreement 2017, confirming its validity and applicability to the relevant employees. This decision provides clarity and legal certainty for both the employer and the employees, ensuring that the terms and conditions of employment are properly regulated and agreed upon.

Murrays Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established