Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1743)

JBT HOLDINGS PTY LTD T/AS PHOENIX TRAFFIC MANAGEMENT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS LABOUR HIRE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 15 JUNE 2023

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 Tower Crane Riggers Labour Hire Enterprise Agreement 2020-2023

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 Tower Crane Riggers Labour Hire 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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry, Maritime, Mining Energy Union 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 22 June 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between JBT Holdings Pty Ltd trading as Phoenix Traffic Management Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), specifically for the Subcontractors Tower Crane Riggers Labour Hire in Victoria for the period 2020-2023. The Fair Work Commission was tasked with deciding whether the agreement met the statutory requirements under the Fair Work Act 2009. The application was brought before the Commission by the union, while the employer contested the approval on several grounds.

The central legal issues before the Commission were whether the agreement provided for a fair and efficient method of determining the wages and conditions of employment for the workforce, and whether it met the minimum standards prescribed by the Fair Work Act 2009. The employer argued that the agreement did not adequately address certain aspects of the working conditions and remuneration, and therefore should not be approved. The union, on the other hand, asserted that the agreement was fair and met all necessary legal standards.

The Commission considered the arguments presented by both parties and conducted a thorough review of the agreement. It was determined that the agreement contained provisions for the determination of wages and conditions that were fair and efficient, and that it met the minimum standards required by the Fair Work Act 2009. The Commission found that the agreement provided for adequate protections for employees, including provisions for minimum wage rates, leave entitlements, and dispute resolution mechanisms. The employer's objections were ultimately found to be without merit, and the Commission approved the agreement.

In light of the findings, the Fair Work Commission approved the Subcontractors Tower Crane Riggers Labour Hire Enterprise Agreement 2020-2023 between JBT Holdings Pty Ltd and the CFMEU. The agreement was deemed to be fair and efficient, and to meet the minimum standards prescribed by the Fair Work Act 2009. The Commission's decision was based on its assessment of the agreement's provisions and the arguments presented by both parties.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established