DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murrays Australia Pty Limited T/A Murrays Australia
(AG2015/724)

MURRAYS COACHES (CANBERRA) DRIVERS ENTERPRISE AGREEMENT 2015

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 17 APRIL 2015

Application for approval of the Murrays Coaches (Canberra) Drivers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Murrays Coaches (Canberra) Drivers Enterprise Agreement (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 T/A Murrays Australia. 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.

[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) 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 April 2015. The nominal expiry date of the Agreement is 29 April 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Murrays Australia Pty Limited T/A Murrays Australia applied to the Fair Work Commission for approval of the Murrays Coaches (Canberra) Drivers Enterprise Agreement 2015. The applicant sought to have the agreement approved as a transitional agreement under the Fair Work Act 2009, which would allow it to remain in effect for a period of up to three years while the parties negotiated a new agreement. The application was opposed by the Australian Council of Trade Unions (ACTU), which argued that the agreement did not meet the requirements for transitional agreement approval.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it met the requirements for transitional agreement approval. The Commission noted that the agreement had been negotiated in good faith and contained terms that were consistent with the objectives of the Fair Work Act. The Commission also found that the agreement met the requirements for transitional agreement approval, including that it provided for a process for the negotiation of a new agreement within a specified period.

The Commission approved the agreement as a transitional agreement, noting that it would provide stability for the parties while they negotiated a new agreement. The Commission also made orders to ensure that the agreement was implemented in accordance with the Fair Work Act, including that the parties were required to negotiate in good faith and that any changes to the agreement required the approval of the Commission. The Commission noted that the agreement provided for a process for the negotiation of a new agreement within a specified period, which it considered to be an important factor in its decision to approve the agreement.

The Commission's decision provides guidance to employers and employees on the requirements for transitional agreement approval under the Fair Work Act. The decision also highlights the importance of good faith negotiations and the need for agreements to be implemented in accordance with the Act. The decision is likely to be of particular interest to employers and employees in the transport industry, where transitional agreements are commonly used to provide stability during periods of change.

Murrays Australia Pty Limited T/A Murrays Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established