Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1946)

JBT HOLDINGS PTY LTD T/AS PHOENIX TRAFFIC MANAGEMENT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LABOUR HIRE ENTERPRISE AGREEMENT 2024-2026

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	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 Labour Hire Enterprise Agreement 2024-2026

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 Labour Hire Enterprise Agreement 2024-2026 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 14 May 2025 and the Agreement was made on 16 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 29 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a labour hire enterprise agreement between JBT Holdings Pty Ltd trading as Phoenix Traffic Management Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission. The union sought to have the proposed agreement, which sets out the terms and conditions of employment for labour hire workers, formally approved.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the procedural requirements for its approval, including whether it was made in good faith and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission examined whether the agreement was appropriately negotiated and if it complied with any applicable industrial instruments.

In delivering its decision, the Commission found that the proposed agreement was made in good faith and was appropriately negotiated. The agreement provided for fair and reasonable terms and conditions for the employees covered by it, and it complied with all relevant provisions of the Fair Work Act. The Commission noted that the agreement included provisions for the protection of workers' rights and included mechanisms for resolving disputes. Consequently, the Commission approved the proposed labour hire enterprise agreement.

The Fair Work Commission approved the Phoenix Traffic Management Pty Ltd and CFMEU Subcontractors Labour Hire Enterprise Agreement 2024-2026, confirming its compliance with the Fair Work Act and its appropriateness for the employees involved. The agreement was set to commence on the first day of March 2024 and would remain in effect until the first day of March 2026.

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