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

[2023] FWCA 2517

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

(AG2023/2611)

APPLICATION FOR APPROVAL OF THE TUTT BRYANT HEAVY LIFT & SHIFT CRANE HIRE OPERATIONS (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 11 AUGUST 2023

Application for approval of the Tutt Bryant Heavy Lift & Shift Crane Hire Operations (Western Australia) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the TUTT BRYANT HEAVY LIFT & SHIFT CRANE HIRE OPERATIONS (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2023 (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.

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

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2023. The nominal expiry date of the Agreement is 10 August 2026.

COMMISSIONER

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 approval of the Tutt Bryant Heavy Lift & Shift Crane Hire Operations (Western Australia) Enterprise Agreement 2023 in the Federal Circuit Court of Australia. The application pertained to the approval of the enterprise agreement, which governs the terms and conditions of employment for the employees covered by the agreement.

The court was required to determine whether the enterprise agreement complied with the relevant legislative framework, specifically sections of the Fair Work Act 2009. This included verifying that the agreement had been fairly and genuinely negotiated, contained certain minimum terms and conditions, and met other statutory requirements. The court also had to consider the views and interests of the employees and employers involved.

In its judgment, the court found that the agreement had been negotiated in good faith and was in compliance with the necessary statutory requirements. The court considered the evidence presented by both parties and the provisions of the agreement itself, concluding that it was appropriate for approval. The court was satisfied that the agreement provided fair terms and conditions for the employees and that it met the criteria set out in the legislation.

The court approved the Tutt Bryant Heavy Lift & Shift Crane Hire Operations (Western Australia) Enterprise Agreement 2023, thereby finalising the application. The approval signified that the agreement could now be implemented, subject to the terms outlined in the judgment.

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