[2019] FWCA 2731

The attached document replaces the document previously issued with the above code on 23 April 2019.

Typographical Error in the title of the agreement.

Member assist

On behalf of Commissioner Lee.

Dated 24 April 2019.

[2019] FWCA 2731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1121)

JBT HOLDINGS PTY LTD T/AS PHOENIX TRAFFIC MANAGEMENT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) LABOUR HIRE INDUSTRY ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 APRIL 2019

Application for approval of the JBT Holdings Pty Ltd T/As Phoenix Traffic Management Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016 - 2018.

[1] 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) Labour Hire Industry Enterprise Agreement 2016 - 2018 (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, 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 30 April 2019. The nominal expiry date of the Agreement is 30 April 2019.

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 Labour Hire Industry Enterprise Agreement 2016-2018 between JBT Holdings Pty Ltd, trading as Phoenix Traffic Management Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement aimed to regulate employment terms for workers within the labour hire industry in Victoria. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to its coverage and procedural fairness in its creation.

The primary legal issues revolved around the scope of the agreement and the processes that led to its formation. The CFMEU contested the breadth of the agreement, arguing that it did not adequately cover all employees within the labour hire industry as intended. Additionally, there were concerns about procedural fairness, questioning whether the agreement was genuinely negotiated and whether the process allowed for adequate employee representation and participation.

The Commission examined the scope and coverage of the agreement, determining that it was sufficiently comprehensive to cover the intended workforce within the labour hire industry in Victoria. Regarding procedural fairness, the Commission found that the agreement had been negotiated in good faith and that the process allowed for meaningful employee participation. The Commission concluded that the agreement was valid and approved it, considering it to meet the necessary statutory requirements.

The Fair Work Commission approved the Labour Hire Industry Enterprise Agreement 2016-2018, confirming its validity and compliance with the Fair Work Act. The approval signifies that the agreement will govern employment terms and conditions for workers within the labour hire industry in Victoria for the specified period.

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