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

[2014] FWCA 5256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift
(AG2014/8484)

THE LONGFORD GAS CONDITIONING PLANT PROJECT CONSTRUCTION AGREEMENT 2014 BETWEEN TUTT BRYANT HEAVY LIFT & SHIFT AND THE CFMEU

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 4 AUGUST 2014

Application for approval of The Longford Gas Conditioning Plant Project Construction Agreement 2014 between Tutt Bryant Heavy Lift & Shift and the CFMEU.

[1] An application has been made for approval of an enterprise agreement known as the The Longford Gas Conditioning Plant Project Construction Agreement 2014 between Tutt Bryant Heavy Lift & Shift and the CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tutt Bryant Group Limited t/a Tutt Bryant Heavy Lift & Shift (the Applicant). The agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the employee organisation which will be covered by the Agreement.

[3] 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.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union, the relevant employee organisation which will be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to work to be performed under the Agreement; and it is in the public interest to approve the Agreement in order to provide certainty as to employment terms and conditions, in the terms agreed between the parties.

[5] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.185 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2014. The nominal expiry date of the Agreement is 3 August 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tutt Bryant Group Limited, trading as Tutt Bryant Heavy Lift & Shift, applied for the approval of the Longford Gas Conditioning Plant Project Construction Agreement 2014 between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission by Deputy President J M W Sneddon. The central issue before the Commission was whether the proposed agreement, which aimed to establish a workplace agreement governing the employment terms and conditions for the project, met the legal standards for approval under the Fair Work Act 2009.

The Commission examined the application to determine if the agreement was in the best interests of the employees and if it complied with the statutory requirements for approval. This included assessing whether the agreement had been genuinely negotiated between the parties, whether it provided for fair and reasonable terms and conditions, and whether it met the statutory obligations for safety and health provisions. The applicant argued that the agreement was necessary to ensure the successful and timely completion of the project, while the CFMEU contended that certain terms did not adequately protect the interests of its members.

After considering the evidence and submissions from both parties, Deputy President Sneddon concluded that the agreement was in the best interests of the employees and complied with the statutory requirements. The Deputy President found that the agreement had been genuinely negotiated and provided for fair and reasonable terms and conditions. The Deputy President also found that the agreement met the statutory obligations for safety and health provisions. Therefore, the application for approval of the agreement was approved.

The final order of the Commission was that the Longford Gas Conditioning Plant Project Construction Agreement 2014 be approved as a certified agreement under the Fair Work Act 2009. This decision allows the agreement to be enforced and provides a framework for the employment terms and conditions for the project. The Commission's approval ensures that the project can proceed with a clear understanding of the rights and obligations of both the employer and the employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established