DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift
(AG2019/4027)

TUTT BRYANT HEAVY LIFT & SHIFT CRANE DRY HIRE OPERATIONS (NORTHERN REGION) ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 4 FEBRUARY 2020

Application for approval of the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (Northern Region) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (Northern Region) Enterprise Agreement 2018 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made byTutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift.

[2] The Agreement is a single enterprise agreement.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. 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.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Tutt Bryant Group Limited, trading as Tutt Bryant Heavy Lift & Shift, which sought approval for the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (Northern Region) Enterprise Agreement 2018. The application was made under the Fair Work Act 2009. The primary legal issue before the court was whether the agreement met the requirements of the Fair Work Act and if it was made in good faith and without coercion. The court was tasked with examining the process of bargaining and whether the agreement reflected a genuine attempt to negotiate and settle on terms that were fair and reasonable.

The court considered the evidence provided by both parties and assessed the agreement's provisions against the legal framework established by the Fair Work Act. It scrutinised the negotiation process to determine if it was conducted in good faith, and examined whether the agreement was free from any form of coercion. The court also evaluated whether the agreement provided fair and reasonable terms and conditions for the employees, taking into account the economic and operational context of the industry. Ultimately, the court found that the agreement was made in good faith and without coercion, and it met the statutory requirements for approval.

Having found that the agreement met all the necessary legal criteria, the court granted the application for approval of the enterprise agreement. The decision confirmed that the agreement would now be registered, and the terms and conditions it contained would be applicable to the employees covered by the agreement. This outcome provided certainty and stability for both the employer and the employees, ensuring that the terms of employment were legally compliant and fairly negotiated.

Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established