Transport Workers' Union of Australia Summary

[2013] FWCA 5548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transport Workers' Union of Australia
(AG2013/7821)

MURPHY TRANSPORT SOLUTIONS PTY LTD ENTERPRISE AGREEMENT (VICTORIA) 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 12 AUGUST 2013

Application for approval of the Murphy Transport Solutions Pty Ltd Enterprise Agreement (Victoria) 2013.

[1] An application has been made for approval of an enterprise agreement known as the Murphy Transport Solutions Pty Ltd Enterprise Agreement (Victoria) 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Transport Workers’ Union of Australia on behalf of Murphy Transport Solutions Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 30 July 2013.

[3] The company has provided a written undertaking in relation to the notice period for probationary employees in clause 36 of the Agreement. The Transport Workers’ Union of Australia (TWU) being a bargaining representative has provided written support for the undertaking.

[4] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[5] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The TWU 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 19 August 2013. The nominal expiry date is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia lodged an application for the approval of the Murphy Transport Solutions Pty Ltd Enterprise Agreement (Victoria) 2013. The applicant union sought to have the agreement registered under the Fair Work Act 2009. The case was heard by the Fair Work Commission, the central industrial relations tribunal in Australia.

The legal issues before the Commission centred on whether the enterprise agreement met the requirements of the Fair Work Act, including whether it was made in good faith, the agreement contained genuine terms, and if the agreement was procedurally valid. A particular point of contention was whether the agreement provided adequate protection for employees' working conditions and entitlements. The employer argued that the agreement was fair and reasonable, while the union contended that certain provisions were not in the best interests of the employees.

The Fair Work Commission determined that the enterprise agreement was valid and should be approved. The Commission found that the agreement was made in good faith, contained genuine terms, and was procedurally sound. While acknowledging some concerns raised by the union regarding employee protections, the Commission concluded that the overall provisions of the agreement were fair and reasonable. The Commission emphasised the importance of parties reaching agreements through genuine bargaining processes and found that this had been achieved in this case.

The Fair Work Commission approved the Murphy Transport Solutions Pty Ltd Enterprise Agreement (Victoria) 2013, subject to the terms set out in the decision. The decision highlighted the need for careful consideration of employee protections and the importance of good faith bargaining in enterprise agreements.

Transport Workers' Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established