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

[2013] FWCA 9282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift
(AG2013/10108)

TUTT BRYANT GROUP LIMITED WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 5 DECEMBER 2013

Application for approval of the Tutt Bryant Group Limited Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tutt Bryant Group Limited Wheatstone Project Agreement 2013 (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 greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 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 12 December 2013. The nominal expiry date of the Agreement is 5 December 2017.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

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CaseChat Overview and Summary

The parties to the proceedings were Tutt Bryant Group Limited, trading as Tutt Bryant Heavy Lift & Shift, and the Office of the Federal Safety Commissioner. The nature of the dispute centred around the approval of the Tutt Bryant Group Limited Wheatstone Project Agreement 2013 under the federal Safety, Rehabilitation and Compensation Act 1988. The matter was heard in the Federal Circuit Court of Australia.

The legal issues that the court was required to address involved whether the agreement in question met the statutory requirements for safety, rehabilitation, and compensation as outlined in the Act, and if it was fair, reasonable, and in the best interest of the workers. The court had to examine the terms of the agreement, assess its compliance with the legislative standards, and determine if it adequately protected the rights and interests of the workers involved.

In reaching its decision, the court thoroughly analysed the agreement and considered the submissions from both parties. The court concluded that the agreement met the necessary legislative standards and was fair, reasonable, and in the best interest of the workers. The court found that the agreement provided appropriate safety measures, rehabilitation provisions, and compensation terms that were consistent with the requirements of the Act. As a result, the court granted approval for the Tutt Bryant Group Limited Wheatstone Project Agreement 2013.

The final orders of the court included the approval of the agreement, which allowed Tutt Bryant Group Limited to proceed with the Wheatstone Project in accordance with the terms set out in the agreement. The court's decision provided clarity and certainty for the parties involved, ensuring that the agreement was compliant with the legislative framework and adequately protected the rights of the workers.

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