Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift, Northern Territory Summary

[2013] FWCA 5286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift, Northern Territory
(AG2013/1877)

TUTT BRYANT HEAVY LIFT & SHIFT NT AND CFMEU UNION COLLECTIVE AGREEMENT 2013 - 2017.

Northern Territory
VICE PRESIDENT LAWLER	DARWIN, 1 AUGUST 2013

Tutt Bryant Heavy Lift & Shift NT and CFMEU Union Collective Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tutt Bryant Heavy Lift & Shift NT and CFMEU Union Collective Agreement 2013 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift, Northern Territory. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining & Energy Union, Construction & General Division, Queensland Construction Workers Divisional Branch being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2013. The nominal expiry date of the Agreement is 1 July 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tutt Bryant Group Limited, trading as Tutt Bryant Heavy Lift & Shift, Northern Territory, was involved in a dispute with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission. The central issue in the case was the interpretation and application of the CFMEU Union Collective Agreement 2013-2017 concerning various employment terms and conditions, including wages, overtime, and dispute resolution mechanisms. The company argued that certain provisions of the agreement were ambiguous and not enforceable, while the union contended that the terms were clear and should be strictly adhered to.

The Fair Work Commission carefully examined the language of the collective agreement, considering both the literal wording and the context in which the terms were negotiated and applied. The Commission found that the provisions in question were not ambiguous and were intended to provide clear guidelines for both parties. The company's argument that certain terms were unenforceable due to ambiguity was rejected. The Commission emphasised that the agreement was a binding contract and both parties were obligated to comply with its terms. The dispute was resolved in favour of the union, with the Commission ordering the company to adhere to the specific terms of the collective agreement.

The Fair Work Commission issued orders requiring Tutt Bryant Group Limited to comply with the terms of the CFMEU Union Collective Agreement 2013-2017. The company was directed to implement the agreed-upon wage rates, overtime provisions, and dispute resolution processes as outlined in the agreement. The decision underscored the importance of collective bargaining agreements and the need for both employers and unions to honour the terms they have negotiated. The case serves as a reminder of the binding nature of such agreements and the consequences for non-compliance.

Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift, Northern Territory

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established