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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Annexure A

CaseChat Overview and Summary

Tutt Bryant Hire Pty Ltd was the applicant seeking approval for the Tutt Bryant Hire and Employees Enterprise Agreement 2018-2021, which was to govern the employment terms and conditions of its workers. The application was made to the Fair Work Commission, which was tasked with deciding whether the agreement met the legal criteria for approval. The primary issue before the court was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that the agreement facilitates the improvement of productivity, efficiency, and profitability, without unduly sacrificing the employees' interests.

The court examined the terms of the proposed agreement, particularly focusing on provisions related to wages, hours of work, and other employment conditions. It considered whether the agreement allowed for flexibility in the workforce, including the use of casual and part-time workers, and whether the agreement provided adequate protections for employees. The court also assessed the process by which the agreement was negotiated, ensuring that it was done fairly and in good faith, and that employees had a genuine opportunity to participate in the negotiations.

After considering the arguments presented by both parties and the evidence provided, the court determined that the proposed agreement met the legal criteria for approval. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it facilitated improvements in productivity, efficiency, and profitability without unduly sacrificing the employees' interests. The court also found that the agreement was negotiated in good faith, and that employees had an opportunity to participate in the negotiation process.

The Fair Work Commission approved the Tutt Bryant Hire and Employees Enterprise Agreement 2018-2021, subject to certain conditions. These conditions included requirements for the employer to provide information to employees about the agreement, and for the employer to provide a copy of the agreement to the Commission upon request. The court's decision provides clarity for both employers and employees about the legal requirements for enterprise agreements, and ensures that the terms and conditions of employment are fair and reasonable.

Tutt Bryant Hire Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established