DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murrays Australia Pty Ltd
(AG2019/4702)

MURRAYS COACHES (SYDNEY DRIVERS) ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 JANUARY 2020

Application for approval of the Murrays Coaches (Sydney Drivers) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Murrays Coaches (Sydney Drivers) Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 January 2020. The nominal expiry date of the Agreement is 28 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Murrays Australia Pty Ltd recently faced a case before the Fair Work Commission, which was tasked with approving the Murrays Coaches (Sydney Drivers) Enterprise Agreement 2019. The applicant, Murrays Australia, sought to have this enterprise agreement, which was negotiated between the company and the drivers, recognised and approved under the Fair Work Act 2009. The drivers, represented by the Transport Workers Union of Australia, were the respondents in this application.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement was in the public interest and whether it provided for fair and efficient industrial relations processes. The Commission also had to determine if the agreement contained terms that were not contrary to the safety and welfare of employees, and if it provided for a fair and efficient workplace. Another significant aspect was whether the agreement was negotiated in good faith and whether it included provisions for the protection of employees' rights.

The Commission found that the enterprise agreement was in the public interest and contained terms that were fair and efficient. It was concluded that the agreement provided for the safety and welfare of employees and included provisions for the protection of employees' rights. The Commission was satisfied that the agreement had been negotiated in good faith and that it would lead to improved industrial relations outcomes for the drivers and the company. Consequently, the Commission approved the Murrays Coaches (Sydney Drivers) Enterprise Agreement 2019, making it a legally binding agreement between Murrays Australia and the drivers.

Murrays Australia 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