Tutt Bryant Group Limited

[2013] FWCA 1690

FAIR WORK COMMISSION

DECISION

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

Tutt Bryant Group Limited
(AG2013/557)

TUTT BRYANT GROUP LIMITED ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 19 MARCH 2013

Application for approval of the Tutt Bryant Group Limited Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Tutt Bryant Group Limited Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Tutt Bryant Group Limited, The Australian Workers' Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 26 March 2013. The nominal expiry date of the Agreement is 18 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of Tutt Bryant Group Limited involved an application for approval of the Tutt Bryant Group Limited Ichthys Onshore Construction Greenfields Agreement. The application was made by the Australian Building and Construction Commission under section 13 of the Building and Construction Industry (Industrial Relations) Act 2008. The primary issue before the court was whether the agreement should be approved, given the arguments raised by the respondents regarding the terms and conditions of employment.

The court was tasked with determining if the agreement met the necessary standards under the Act, specifically whether it provided for fair and reasonable terms of employment and if it adhered to the principles of the Fair Work Act 2009. The court considered the arguments presented by the respondents, including concerns about the classification of employees, the level of wages and conditions, and the potential impact on the workforce. The respondents argued that the agreement did not adequately protect the rights and interests of the employees involved in the construction project.

The court carefully reviewed the terms of the agreement and the evidence provided by both parties. It found that the agreement contained provisions that were fair and reasonable and that it adhered to the principles of the Fair Work Act 2009. The court concluded that the agreement did not unjustifiably discriminate against any employees and that it provided for appropriate protections and entitlements. As a result, the court approved the agreement, finding that it met the necessary standards under the Act. The final orders confirmed the approval of the agreement, subject to the conditions specified by the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established