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

[2021] FWCA 1530

[2021] FWCA 1530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift
(AG2021/189)

TUTT BRYANT HEAVY LIFT & SHIFT CRANE DRY HIRE OPERATIONS (W.A) 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 (W.A) 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 (W.A) 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms 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

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