DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift
(AG2021/185)

TUTT BRYANT HEAVY LIFT & SHIFT CRANE DRY HIRE OPERATIONS (NORTHERN REGION) ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 MARCH 2021

Application for variation of the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (Northern Region) Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (Northern Region) Enterprise Agreement 2018 (the Agreement). The application was made by Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 4 February 2020. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 23 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Tutt Bryant Group Limited, trading as Tutt Bryant Heavy Lift & Shift, and the relevant trade unions. The dispute centred on the application for variation of the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (Northern Region) Enterprise Agreement 2018. The application was brought before the Fair Work Commission to modify certain terms and conditions of employment outlined in the enterprise agreement. The unions argued against the proposed changes, contending that they would adversely affect employee rights and conditions.

The primary legal issues for the court to address were whether the proposed variations were reasonable and fair under the Fair Work Act 2009, and whether the application process adhered to the statutory requirements. The court also had to consider the impact of the variations on the employees, the balance of interests between the employer and the employees, and the necessity for the changes in light of any economic or operational justifications provided by the employer. Additionally, the court needed to ensure that the application process was fair and did not contravene any provisions of the Act.

After thorough deliberation, the court concluded that the proposed variations were reasonable and appropriate, taking into account the employer's justifications and the potential benefits to the business. The court found that the application process was conducted fairly and in compliance with the statutory requirements. The court determined that the changes would not adversely affect the employees' rights and conditions to a significant degree and that the benefits of the variations outweighed any potential detriments. The court thus approved the application for variation of the enterprise agreement, allowing the proposed changes to take effect.

The final orders of the court mandated that the variations to the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (Northern Region) Enterprise Agreement 2018, as set out in the application, be approved and implemented. The court directed that the agreement be varied in accordance with the approved terms, ensuring that the changes would be communicated to all relevant parties and that any necessary implementation steps were undertaken in a timely and orderly manner.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established