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

[2024] FWCA 2977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/2692)

TUTT BRYANT HEAVY LIFT & SHIFT NT WET HIRE CRANE OPERATIONS ENTERPRISE AGREEMENT 2024.

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 16 AUGUST 2024

Application for approval of the Tutt Bryant Heavy Lift & Shift NT Wet Hire Crane Operations Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Tutt Bryant Heavy Lift & Shift NT Wet Hire Crane Operations Enterprise Agreement 2024 (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.

The notification time for the Agreement under s.173(2) was 7 September 2023 and the Agreement was made on 4 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

Pursuant to s.205A of the Act, the workplace delegates’ rights term at Clause 29A of the Mobile Crane Hiring Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2024. The nominal expiry date of the Agreement is 23 August 2027.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Tutt Bryant Heavy Lift & Shift Northern Territory Wet Hire Crane Operations Enterprise Agreement 2024. The applicant, Tutt Bryant Group Limited trading as Tutt Bryant Heavy Lift & Shift, sought the court's approval for the proposed enterprise agreement which outlines the terms and conditions of employment for crane operators within the wet hire crane operations sector in the Northern Territory. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including its adherence to the procedural requirements and whether it met the criteria for being a lawful and fair enterprise agreement.

The legal issues addressed by the court involved scrutiny of the negotiation process, the fairness of the terms proposed in the agreement, and whether the applicant had complied with all necessary procedural requirements under the Fair Work Act. The court had to determine if the agreement was genuinely negotiated and if it provided for appropriate mechanisms for resolving disputes and addressing employee concerns. Additionally, the court examined whether the agreement contained all the prescribed terms and conditions as required by law and if it provided a safety net of minimum entitlements for employees.

In reaching its decision, the court considered the evidence provided by both parties and assessed the agreement against the legislative framework. The court found that the negotiation process was genuine, with the applicant demonstrating a commitment to meaningful consultation with the employees. The terms of the agreement were deemed fair and balanced, taking into account the interests of both the employer and the employees. The court was satisfied that the applicant had complied with all procedural requirements and that the agreement met all the statutory criteria for approval. Consequently, the court approved the Tutt Bryant Heavy Lift & Shift Northern Territory Wet Hire Crane Operations Enterprise Agreement 2024.

The final orders of the court were to approve the enterprise agreement, which will now serve as the governing document for the employment conditions of crane operators in the wet hire crane operations sector in the Northern Territory. This approval ensures that the agreement will provide a framework for fair and lawful employment practices, while also addressing the specific needs and concerns of the employees within this industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established