Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2737)

JBT HOLDINGS (NSW) PTY LTD T-AS PHOENIX TRAFFIC MANAGEMENT / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 27 AUGUST 2025

Application for approval of the JBT Holdings (NSW) Pty Ltd t-as Phoenix Traffic Management / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as The JBT Holdings (NSW) Pty Ltd t-as Phoenix Traffic Management / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 21 August 2025.

On 22 August 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Nuno Correia and supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

The Construction, Forestry and Maritime Employees Union, 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.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and (despite the wording of Clause 5(a) of the Agreement) in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 4 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for approval of the proposed Collective Agreement between JBT Holdings (NSW) Pty Ltd trading as Phoenix Traffic Management and the CFMEU, covering the period from 2024 to 2027. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal with authority to resolve disputes and make binding decisions on employment and industrial matters.

The legal issues before the Commission related to whether the proposed agreement complied with the Fair Work Act 2009, particularly in terms of meeting the criteria for an enterprise agreement under section 172. Key points of contention included whether the agreement provided for a fair and reasonable balance of interests between employers and employees, and whether the agreement had been properly negotiated in accordance with the legislative requirements.

The Commission found that the proposed agreement met the statutory criteria for approval. It determined that the agreement provided for a fair and reasonable balance of interests, taking into account the economic and non-economic factors relevant to the industry. The Commission was satisfied that the agreement had been negotiated in good faith and that the process had been conducted appropriately. The Commission noted the parties' commitment to resolving disputes through the agreed mechanisms and found that the agreement contained adequate provisions for addressing any future disputes that might arise.

As a result, the Commission approved the proposed Collective Agreement. The decision underscores the importance of achieving a balanced and fair agreement that meets the legislative requirements for enterprise agreements under Australian workplace laws.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established