DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1306)

TUTT BRYANT GROUP LIMITED T/AS TUTT BRYANT HEAVY LIFT & SHIFT AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 MAY 2018

Application for approval of the Tutt Bryant Group Limited T/As Tutt Bryant Heavy Lift & Shift and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Tutt Bryant Group Limited T/As Tutt Bryant Heavy Lift & Shift and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. 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 Construction, Forestry, Maritime, Mining and Energy Union 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 14 May 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, specifically in relation to Tutt Bryant Group Limited, trading as Tutt Bryant Heavy Lift & Shift. The dispute was heard in the Fair Work Commission. The key issue before the court was whether the proposed agreement met the legal requirements for registration under the Fair Work Act 2009. This included ensuring that the agreement did not contain any terms that would have an adverse effect on the operation of the employer’s business or the employees’ job security.

The court examined the provisions of the agreement and considered whether it adhered to the statutory criteria for approval. The agreement was found to be in compliance with the necessary legal standards, as it did not include any terms that would negatively impact the employer's business operations or the job security of the employees. The court took into account the nature of the industry, the bargaining positions of the parties, and the provisions of the agreement itself. The analysis revealed that the agreement was fair and reasonable, and thus, eligible for approval.

Consequently, the court granted the application for approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 as it pertained to Tutt Bryant Group Limited, trading as Tutt Bryant Heavy Lift & Shift. The agreement was deemed to meet the necessary requirements under the Fair Work Act 2009, and was therefore approved for registration. This decision ensures that the agreement will be legally binding on both the employer and employees, providing a framework for the terms and conditions of employment within the specified industry.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established