Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1942)

JBT HOLDINGS PTY LTD T/AS PHOENIX TRAFFIC MANAGEMENT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TRAFFIC CONTROL ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 JULY 2025

Application for approval of the JBT HOLDINGS PTY LTD T/AS PHOENIX TRAFFIC MANAGEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the JBT HOLDINGS PTY LTD T/AS PHOENIX TRAFFIC MANAGEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

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

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Traffic Control Enterprise Agreement between JBT Holdings Pty Ltd, trading as Phoenix Traffic Management, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application sought to approve the agreement, which outlines the terms and conditions of employment for subcontractors engaged in traffic control activities.

The primary legal issue the Commission had to address was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and whether it provided for a fair and equitable outcome for all parties involved. The Commission also had to consider whether the agreement met the criteria for being declared as a "single interest" enterprise agreement and if it contained all the necessary provisions required by the Act.

In assessing the application, the Commission considered the submissions from both parties, including evidence and arguments regarding the negotiation process and the fairness of the agreement's terms. The Commission found that the agreement was made in good faith and provided a fair and equitable outcome for the employees. The Commission also determined that the agreement met the criteria for being a "single interest" enterprise agreement and contained all the required provisions. Consequently, the Commission approved the Traffic Control Enterprise Agreement.

The Fair Work Commission approved the Traffic Control Enterprise Agreement between JBT Holdings Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the period 2024 to 2027.

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