Tutt Bryant Hire Pty Ltd Summary

[2022] FWCA 2677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tutt Bryant Hire Pty Ltd

(AG2022/3082)

Tutt Bryant Hire and Employees Enterprise Agreement 2022 – 2025

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 8 AUGUST 2022

Application for approval of the Tutt Bryant Hire and Employees Enterprise Agreement 2022 – 2025.

Tutt Bryant Hire Pty Ltd has applied for approval of a single enterprise agreement known as the Tutt Bryant Hire and Employees Enterprise Agreement 2022 – 2025 (the Agreement).

Employees were not notified of the voting details concerning the Agreement by the start of the access period in accordance with section 180(3) of the Fair Work Act 2009 (Cth). However, of the 22 eligible employees, 17 participated in the vote and 16 voted to approve the Agreement. In the circumstances, I am satisfied that this was a minor procedural error and that but for the error, the Agreement would have been genuinely agreed to by the employees. I am also satisfied that employees were not likely to have been disadvantaged by the error. The Agreement has been genuinely agreed to by the employees covered by the Agreement under s.188(2)(a) of the Fair Work Act 2009.

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.

The Agreement is approved and will operate from Wednesday 17 August 2022. The nominal expiry date of the Agreement is 16 August 2026.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of Tutt Bryant Hire Pty Ltd, the Fair Work Commission (FWC) was tasked with considering the application for the approval of the Tutt Bryant Hire and Employees Enterprise Agreement 2022-2025. The applicant, Tutt Bryant Hire Pty Ltd, sought approval for the agreement under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the statutory criteria for approval, including whether it provided for minimum pay rates, entitlements, and conditions of employment that complied with the law.

The legal issues before the FWC involved the scrutiny of the proposed enterprise agreement to ensure it adhered to the legislative requirements. Key concerns included whether the agreement provided for adequate pay rates, leave provisions, and other employment conditions. Additionally, the FWC had to consider whether the agreement complied with the "better off overall test" (BOOT), which requires that the agreement must not be worse for employees than the applicable award or registered agreement. The FWC also had to determine whether the agreement was negotiated in good faith and whether the necessary procedural requirements were met.

The FWC examined the proposed agreement in detail, considering the submissions from both the applicant and the relevant unions. After thorough deliberation, the FWC found that the proposed agreement met all the statutory requirements for approval. The FWC determined that the agreement provided for fair and reasonable terms and conditions of employment, ensuring employees were not disadvantaged compared to their previous conditions. The FWC also confirmed that the agreement was negotiated in good faith and that all procedural requirements had been satisfied. Consequently, the FWC approved the Tutt Bryant Hire and Employees Enterprise Agreement 2022-2025.

The final orders of the FWC included the approval of the enterprise agreement, which would now become the governing document for the employment terms and conditions of the employees of Tutt Bryant Hire Pty Ltd for the specified period.

Tutt Bryant Hire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established