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

[2021] FWCA 6994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift
(AG2021/8453)

TUTT BRYANT HEAVY LIFT & SHIFT SPECIALISED LIFTING AND TRANSPORT OPERATIONS (W.A) ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 14 DECEMBER 2021

Application for approval of the Tutt Bryant Heavy Lift & Shift Specialised Lifting and Transport Operations (W.A) Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Tutt Bryant Heavy Lift & Shift Specialised Lifting and Transport Operations (W.A) Enterprise Agreement 2021 (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.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 21 December 2021. The nominal expiry date of the Agreement is 14 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Tutt Bryant Group Limited, trading as Tutt Bryant Heavy Lift & Shift, and its employees. The dispute was about the approval of the Tutt Bryant Heavy Lift & Shift Specialised Lifting and Transport Operations (W.A) Enterprise Agreement 2021. The Fair Work Commission (FWC) was the court responsible for adjudicating on the application for approval.

The legal issues before the FWC were primarily whether the enterprise agreement was a genuine agreement, whether it met the requirements of the Fair Work Act 2009, and whether it was in the interests of employees and employers. The FWC also needed to determine whether the agreement provided fair and reasonable terms and conditions for the employees, and if it complied with the applicable provisions of the Fair Work Act.

In reaching its decision, the FWC considered various factors, including the bargaining process, the terms of the agreement, and the interests of both the employees and employers. The Commission noted that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions for the employees. The FWC also found that the agreement was in the interests of both parties, and that it complied with the applicable provisions of the Fair Work Act. The Commission approved the agreement on the basis that it met the criteria for approval under the Act.

Consequently, the FWC approved the Tutt Bryant Heavy Lift & Shift Specialised Lifting and Transport Operations (W.A) Enterprise Agreement 2021, and the agreement came into effect on the date of the decision. This decision provided certainty to both the employees and employers involved in the agreement, and ensured that the terms and conditions of employment were fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established