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

[2023] FWCA 2458

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

(AG2023/2469)

TUTT BRYANT HEAVY LIFT & SHIFT MUSWELLBROOK OPERATIONS ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 7 AUGUST 2023

Application for approval of the Tutt Bryant Heavy Lift & Shift Muswellbrook Operations Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Tutt Bryant Heavy Lift & Shift Muswellbrook Operations 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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 7 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< AE521028 PR764975>

CaseChat Overview and Summary

Tutt Bryant Group Limited, trading as Tutt Bryant Heavy Lift & Shift, applied to the Fair Work Commission for approval of the 2023 Muswellbrook Operations Enterprise Agreement. The applicant and respondents sought to finalise the terms of employment for workers engaged at the Muswellbrook operations, aiming to formalise their employment conditions in a legally binding agreement.

The legal issues before the court centred on whether the agreement met the statutory requirements for an enterprise agreement, including the provisions for minimum entitlements, the process by which the agreement was formed, and whether it provided for the fair and reasonable terms of employment. The court had to consider whether the agreement complied with the Fair Work Act 2009, ensuring it was made in good faith and did not disadvantage employees.

The Fair Work Commission found that the agreement was appropriately negotiated in good faith, contained all the mandatory terms required by the Act, and did not disadvantage the employees. The court noted that the agreement was supported by majority votes from both the employer and employee representatives. The commission was satisfied that the process was transparent and the agreement was fair and reasonable, thus meeting the criteria for approval.

Accordingly, the commission approved the Tutt Bryant Heavy Lift & Shift Muswellbrook Operations Enterprise Agreement 2023. The agreement was to be registered with the Fair Work Commission, thereby becoming a legally binding document governing the terms of employment for the workers at the Muswellbrook operations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established