Tutt Bryant Hire Pty Ltd

[2019] FWCA 3618

[2019] FWCA 3618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tutt Bryant Hire Pty Ltd
(AG2019/1193)

TUTT BRYANT HIRE AND EMPLOYEES ENTERPRISE AGREEMENT 2018 - 2021

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 27 MAY 2019

Application for approval of the Tutt Bryant Hire and Employees Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Tutt Bryant Hire and Employees Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Tutt Bryant Hire Pty Ltd. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] On 24 May 2019 the Employer filed submissions addressing the pre-approval requirements which are set out in s.180 of the Act. I recognise, and the employer concedes that s.180(3) of the Act was not complied with. That is, the time, the place and the method of the vote was not notified to the relevant employees by the start of the access period. However, pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.180(3) of the Act. This is because the relevant employees were notified 4 days prior to the access period and voting took place over the span of 8 days. Coupling this with the fact that 20, out of the 22 relevant employees, cast a valid vote I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2019. The nominal expiry date of the Agreement is 2 June 2022.

COMMISSIONER

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<AE503611  PR708685>

Annexure A