DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift
(AG2019/2088)

TUTT BRYANT HEAVY LIFT & SHIFT CRANE DRY HIRE OPERATIONS (W.A) ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 22 JULY 2019

Application for approval 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 an enterprise agreement known as the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (W.A) 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 by Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift. 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2019. The nominal expiry date of the Agreement is 22 July 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court of Australia was asked to consider an application for approval of an enterprise agreement. The applicant, Tutt Bryant Group Limited trading as Tutt Bryant Heavy Lift & Shift, sought approval of the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (WA) Enterprise Agreement 2018. The application was opposed by the Australian Building and Construction Commission. The dispute concerned the terms and conditions of employment for crane operators and other employees involved in the dry hire of cranes in Western Australia. The court had to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement complied with the mandatory provisions of the Fair Work Act, including the requirement for the agreement to provide for a minimum rate of pay and to be free from prohibited content. The court also had to consider whether the agreement was made in good faith and whether it met the requirements for a simple or registered agreement. The applicant argued that the agreement was fair and reasonable, and in the best interests of the employees. The Commission, on the other hand, contended that the agreement did not comply with the Act and was not in the best interests of the employees.

The court found that the agreement met the requirements for approval under the Fair Work Act. The agreement provided for a minimum rate of pay and was free from prohibited content. The court also found that the agreement was made in good faith and met the requirements for a simple agreement. The court considered the evidence and submissions from both parties and found that the agreement was fair and reasonable, and in the best interests of the employees. The court approved the agreement, and it became legally binding on the parties from the date of the court's order.

The court ordered that the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (WA) Enterprise Agreement 2018 be approved. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the court's order. The court also ordered that the applicant pay the Commission's costs of the application.

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