//
austlii:cth/FWCA/2026/180
General information, not legal advice.
FWCA
2026-01-30
Commissioner P
Original judgment source is linked above.
s.185 - Enterprise agreement
MURRAYS COACHES (CANBERRA) DRIVERS ENTERPRISE AGREEMENT 2025
Application for approval of the Murrays Coaches (Canberra) Drivers Enterprise Agreement 2025
[1] Murrays Australia Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the Murrays Coaches (Canberra) Drivers Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues raised, and the Statement of Principles.[1]
[3] I observe that clause 21(c) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 40 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[4] The Agreement does not contain a delegates' rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 26A of the Passenger Vehicle Transportation Award 2020 is taken to be a term of the Agreement.
[5] The Transport Workers' Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the TWU.
[6] The Agreement is approved. Clause 7 of the Agreement states that it will come into operation seven days after it is approved by the Commission, or if that date is not the first day of a pay week, the start of the next pay week. The Employer has advised that it operates a weekly pay period from Wednesday to Tuesday.
[7] Having regard to the information provided by the Employer, s.36 of the Acts Interpretation Act 1901, and s.54 of the FW Act, the Agreement will operate from Tuesday, 10 February 2026. The nominal expiry date of the Agreement is 10 February 2029.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
Printed by authority of the Commonwealth Government Printer