DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift
(AG2015/196)

TUTT BRYANT HEAVY LIFT & SHIFT ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 FEBRUARY 2015

Application for approval of the Tutt Bryant Heavy Lift & Shift Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tutt Bryant Heavy Lift & Shift Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, 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] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is 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.

[5] The Agreement was approved on 13 February 2015 and, in accordance with s.54, will operate from 20 February 2015. The nominal expiry date of the Agreement is 12 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tutt Bryant Group Limited, trading as Tutt Bryant Heavy Lift & Shift, sought approval for the Roy Hill AWU Greenfields Agreement 2015. The application arose from the need to regulate employment conditions for workers involved in the Roy Hill mining project. The Australian Workers’ Union (AWU) contested certain provisions of the agreement, arguing they did not comply with the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the criteria for an enterprise agreement as stipulated in the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for the employees' terms and conditions of employment and included necessary provisions, such as those for minimum wages, classification of employees, and other conditions of employment. The AWU challenged the agreement on grounds that it did not adequately protect employees’ rights and interests, particularly in relation to overtime and penalty rates.

The Fair Work Commission found that the agreement substantially complied with the requirements of the Fair Work Act. It noted that the agreement contained provisions for minimum wages, employee classifications, and other essential conditions of employment. The Commission also considered the submissions from both parties and concluded that the agreement, while not perfect, did not significantly disadvantage employees. The Commission emphasised the importance of the agreement in facilitating the completion of a major infrastructure project, thereby benefiting the broader economy. The Commission approved the agreement, subject to certain modifications to address the AWU’s concerns about overtime and penalty rates.

The final orders included the approval of the Roy Hill AWU Greenfields Agreement 2015, with modifications to better protect employee entitlements to overtime and penalty rates. The Commission directed Tutt Bryant Group Limited and the AWU to implement the agreement as per the approved terms.

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