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

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 a variation of the 2018 Enterprise Agreement for its crane dry hire operations in Western Australia. The application sought to amend certain terms related to employee entitlements and working conditions. The matter was heard in the Fair Work Commission, which has jurisdiction over industrial relations matters in Australia.

The central legal issues before the Commission were whether the proposed variations were necessary and reasonable to accommodate changes in the operational environment and whether the process followed in seeking the variations complied with the relevant legislative requirements. Specifically, the Commission needed to determine if the application met the criteria for a variation under the Fair Work Act 2009, and whether the process was fair and balanced.

In its decision, the Commission found that the proposed variations were necessary to adapt to changes in the industry, including technological advancements and economic pressures. The Commission acknowledged the employer's need to remain competitive while also considering the rights and interests of the employees. The Commission concluded that the application met the statutory criteria for a variation and that the process followed was fair and reasonable. As such, the application was approved, and the Enterprise Agreement was varied accordingly.

The Fair Work Commission ordered that the Tutt Bryant Heavy Lift & Shift Crane Dry Hire Operations (W.A) Enterprise Agreement 2018 be varied to reflect the changes proposed in the application. The new terms, which included modifications to employee entitlements and working conditions, came into effect on the date specified in the order. The decision provided clarity on the process for seeking variations to enterprise agreements and reinforced the importance of balancing the interests of employers and employees in industrial relations matters.

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