Murrays Australia Pty Limited T/A Murrays Coaches

[2024] FWCA 3972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Murrays Australia Pty Limited T/A Murrays Coaches

(AG2024/3905)

MURRAYS COACHES (GOLD COAST/BRISBANE DRIVERS) ENTERPRISE AGREEMENT 2024

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 13 NOVEMBER 2024

Application for approval of the Murrays Coaches (Gold Coast/Brisbane Drivers) Enterprise Agreement 2024

This decision deals with an application made for approval of an enterprise agreement known as the Murrays Coaches (Gold Coast/Brisbane Drivers) Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Murrays Australia Pty Limited T/A Murrays Coaches (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will commence operating from 20 November 2024. The nominal expiry date of the Agreement is 19 November 2027.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Murrays Australia Pty Limited, trading as Murrays Coaches, applied for approval of the Murrays Coaches (Gold Coast/Brisbane Drivers) Enterprise Agreement 2024 before the Fair Work Commission. The dispute centred around the terms and conditions of employment for drivers working in the Gold Coast and Brisbane regions. The application was brought to ensure that the proposed enterprise agreement complied with the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for terms and conditions of employment that were better off overall than the relevant award or safety net award, and if it complied with the provisions for good faith bargaining. Additionally, the Commission assessed whether the agreement appropriately covered all necessary aspects of the employment relationship, including the definition of employees and the process for dispute resolution.

The Commission found that the proposed agreement did indeed provide for terms and conditions of employment that were better off overall than the relevant safety net award. The agreement included provisions for increased pay, improved leave entitlements, and better working conditions. The Commission also concluded that the agreement was the product of good faith bargaining and met the necessary statutory requirements. The agreement was found to be comprehensive, covering all essential aspects of the employment relationship and providing clear procedures for dispute resolution.

In light of the above findings, the Fair Work Commission approved the Murrays Coaches (Gold Coast/Brisbane Drivers) Enterprise Agreement 2024. The approval ensures that the drivers will benefit from the improved terms and conditions set out in the agreement, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established