DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Office Cleaning Services Pty Ltd T/A Tutt Bryant Hire
(AG2015/4782)

TUTT BRYANT HIRE AND EMPLOYEES ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 16 SEPTEMBER 2015

Application for approval of the Tutt Bryant Hire and Employees Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tutt Bryant Hire and Employees Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Office Cleaning Services Pty Ltd T/A Tutt Bryant Hire. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2015. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Office Cleaning Services Pty Ltd, trading as Tutt Bryant Hire, filed an application for approval of the Tutt Bryant Hire and Employees Enterprise Agreement 2015-2018. The application was brought before the Fair Work Commission, with the Fair Work Ombudsman as a party interested in the proceedings. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which was to govern the employment of the company’s staff over the specified period.

The central legal issues that the Commission needed to address included whether the agreement complied with the Fair Work Act 2009 and if it met the requirements for being a "better off overall" agreement. The Commission also needed to consider if the agreement adhered to the procedural fairness principles and whether it was made in good faith. The Fair Work Ombudsman argued that certain terms of the agreement did not provide adequate protections for employees and questioned the process through which the agreement was negotiated.

After examining the evidence and submissions from both parties, the Commission found that the enterprise agreement generally met the statutory requirements under the Fair Work Act. The Commission concluded that the agreement provided fair and reasonable terms and conditions for the employees, ensuring they were not worse off overall. It was also determined that the agreement was negotiated in good faith and that the process was fair and transparent. Accordingly, the Commission approved the enterprise agreement, subject to certain minor modifications to address specific concerns raised during the hearing.

Office Cleaning Services Pty Ltd T/A Tutt Bryant Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established