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

[2024] FWCA 2977

[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.

1. 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.

1. 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]

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.

1. 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.

1. 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.

1. 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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