DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift
(AG2016/3491)

TUTT BRYANT HEAVY LIFT & SHIFT CRANE DRY HIRE OPERATIONS (BRISBANE QLD) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (Brisbane Qld) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (Brisbane Qld) Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Tutt Bryant Group Limited, trading as Tutt Bryant Heavy Lift & Shift, and the Australian Building and Construction Commission. The dispute centres on the approval of the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (Brisbane Qld) Enterprise Agreement 2016. The matter was heard in the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory requirements for approval and if it complied with the provisions of the Fair Work Act.

The legal issues before the Commission included whether the agreement had been made in accordance with the relevant sections of the Act, including whether the agreement had been made genuinely and freely without any coercion or undue influence. The Commission also had to consider whether the agreement complied with the "better off overall test" and whether it provided for terms and conditions that were no less favourable than the applicable awards or the national employment standards. Additionally, the Commission needed to ensure that the agreement contained appropriate dispute resolution mechanisms and that it did not discriminate against employees on the basis of their union membership or activities.

The Commission found that the agreement was made genuinely and without any coercion or undue influence. It was determined that the agreement met the "better off overall test," providing employees with terms and conditions that were at least as favourable as those in the relevant awards or national employment standards. The agreement was also found to include appropriate dispute resolution mechanisms and did not discriminate against employees on the basis of their union membership or activities. Based on these findings, the Commission approved the enterprise agreement, and it was registered on the Commonwealth Register of Industrial Agreements.

In summary, the Fair Work Commission approved the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (Brisbane Qld) Enterprise Agreement 2016, finding it to be genuinely agreed upon, compliant with the Fair Work Act, and meeting the better off overall test. The agreement was registered on the Commonwealth Register of Industrial Agreements, effective from the date of the Commission's decision.

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