DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/212)

JBT HOLDINGS PTY LTD TAS PHOENIX TRAFFIC MANAGEMENT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TRAFFIC CONTROL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 FEBRUARY 2021

Application for approval of the JBT HOLDINGS PTY LTD Tas PHOENIX TRAFFIC MANAGEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the JBT HOLDINGS PTY LTD Tas PHOENIX TRAFFIC MANAGEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023 (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, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[3] 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.

[4] The Construction, Forestry, Mining and Energy 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the JBT Holdings Pty Ltd Tas Phoenix Traffic Management Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023. The dispute arose from the negotiation and subsequent application for the endorsement of the enterprise agreement by the Fair Work Commission. The applicants sought to establish the terms and conditions of employment for traffic control workers under the specified enterprise agreement.

The legal issues before the court centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement had been fairly negotiated, whether it contained appropriate mechanisms for the resolution of disputes, and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the court had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees involved.

The court thoroughly examined the negotiation process, the content of the agreement, and the provisions for dispute resolution. The court found that the agreement had been fairly negotiated and contained appropriate mechanisms for resolving disputes. It also determined that the terms and conditions outlined in the agreement were fair and reasonable. Consequently, the court approved the enterprise agreement, finding it to be compliant with the relevant provisions of the Fair Work Act.

The final orders of the court included the approval of the JBT Holdings Pty Ltd Tas Phoenix Traffic Management Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023. The agreement was endorsed, effective from the date of the decision, thereby establishing the terms and conditions of employment for the traffic control workers under the specified enterprise agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established