[2020] FWCA 3958
The attached document replaces the document previously issued with the above code on 29 July 2020.
By correcting reference to 2020 FWCA 3958
Member Assist
Associate to Commissioner Yilmaz
Dated 30 July 2020
| [2020] FWCA 3958 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift
(AG2020/2111)
TUTT BRYANT HEAVY LIFT & SHIFT CRANE DRY HIRE OPERATIONS (W.A) ENTERPRISE AGREEMENT 2018
Building, metal and civil construction industries | |
COMMISSIONER YILMAZ | MELBOURNE, 29 JULY 2020 |
Application for variation of the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (W.A) Enterprise Agreement 2018.
[1] An application has been made for approval of a variation to the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (W.A) Enterprise Agreement 2018 (the Agreement). The application was made by Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift pursuant to section 210 of the Fair Work Act 2009 (the Act).
[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.
[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.
[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
[5] In accordance with s.216 of the Act, the variation operates from 29 July 2020.
COMMISSIONER
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- AGLC
- Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift [2020] FWCA 3958
- Case
- [2020] FWCA 3958
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the commission were whether the proposed variations were fair and reasonable and whether they met the statutory criteria set out in the Fair Work Act 2009. The commission had to assess if the changes were necessary and appropriate to maintain the enterprise's financial viability, and if they were procedurally fair, taking into account the impact on employees. The arguments centred on the necessity of the changes to ensure Tutt Bryant's competitiveness and the protection of employees' rights and entitlements.
In its decision, the commission considered the economic context of the crane hire industry, the financial health of Tutt Bryant, and the implications of the proposed changes on employees. The commission found that while Tutt Bryant had demonstrated a need for the changes to remain competitive, the proposed amendments did not sufficiently protect employees' interests. The commission decided that some of the proposed changes were fair and reasonable, but others were either rejected or modified to better balance the interests of both parties. Consequently, the commission approved certain variations while rejecting others, and mandated specific conditions to ensure fairness and protect employee rights.
The final orders included specific changes to wages and conditions, alongside requirements for ongoing consultation with employee representatives. The commission's decision provided a balanced outcome, recognising the need for operational flexibility while safeguarding the rights and welfare of employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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