DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murrays Australia Pty Limited
(AG2017/1236)

MURRAYS COACHES (MELBOURNE DRIVERS) ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
COMMISSIONER ROE	MELBOURNE, 4 MAY 2017

Application for approval of the Murrays Coaches (Melbourne Drivers) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Murrays Coaches (Melbourne Drivers) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murrays Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 4 May 2017 and, in accordance with s.54, will operate from 11 May 2017. The nominal expiry date of the Agreement is 11 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Murrays Australia Pty Limited, the Fair Work Commission was presented with an application for the approval of the Murrays Coaches (Melbourne Drivers) Enterprise Agreement 2017. The applicant, Murrays Australia Pty Limited, sought to have the enterprise agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for drivers within the Melbourne operations of Murrays Coaches, a transport company providing bus and coach services. The legal issues before the Commission centred on whether the agreement met the statutory requirements for registration, including whether it complied with the Fair Work Act’s provisions regarding procedural fairness, and whether the agreement addressed the necessary pay and conditions for the drivers.

The Commission began by examining the procedural fairness of the agreement's creation, noting that the process involved genuine consultation and negotiation between Murrays Australia Pty Limited and the drivers’ union. The Commission acknowledged the union’s involvement and the drivers’ participation in the agreement process, which was deemed satisfactory. Further, the Commission assessed the substantive fairness of the agreement, focusing on the pay and conditions provided for the drivers. It found that the agreement adequately addressed the drivers' pay and conditions, meeting the standards set by the relevant awards and the broader industrial context. The Commission also considered the balance between the parties' interests and concluded that the agreement achieved an appropriate equilibrium between the operational needs of Murrays Australia Pty Limited and the rights and protections of the drivers.

Consequently, the Fair Work Commission approved the Murrays Coaches (Melbourne Drivers) Enterprise Agreement 2017 as a registered agreement under the Fair Work Act. The decision recognised the agreement as legally binding, effective from the date of the Commission's approval. The approval was based on the Commission's determination that the agreement was fairly negotiated, met the statutory requirements for registration, and provided fair and reasonable terms for both parties.

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