DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/828)

JBT HOLDINGS PTY LTD T-AS PHOENIX TRAFFIC MANAGEMENT / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 APRIL 2020

Application for approval of the JBT Holdings Pty Ltd t-as Phoenix Traffic Management / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the JBT Holdings Pty Ltd t-as Phoenix Traffic Management / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Maritime, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between JBT Holdings Pty Ltd t-as Phoenix Traffic Management and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission was the court tasked with deciding on the matter. The primary dispute centred around the interpretation and approval of the terms and conditions outlined in the proposed collective agreement.

The legal issues that the Commission had to address included whether the agreement complied with the provisions of the Fair Work Act 2009, particularly concerning the requirements for good faith bargaining and the provisions for employee protections. The Commission also needed to consider whether the agreement provided adequate protections for employees and whether it was in the best interest of the employees involved.

The Fair Work Commission examined the proposed agreement in detail, considering the obligations of the parties under the Fair Work Act 2009. It found that the agreement was the product of genuine good faith bargaining and that it contained provisions that adequately protected the employees. The Commission was satisfied that the agreement was in the best interests of the employees and approved it accordingly. The Commission's decision was based on a thorough analysis of the agreement and the evidence presented by both parties.

The Fair Work Commission approved the proposed collective agreement between JBT Holdings Pty Ltd t-as Phoenix Traffic Management and the CFMEU, effective from 1 July 2019 to 30 June 2022. The decision was based on the Commission's finding that the agreement was the product of genuine good faith bargaining and provided adequate protections for the employees. The approval of the agreement ensures that the terms and conditions of employment are fair and reasonable, and that the rights of both the employer and employees are protected.

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