DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/909)

JBT HOLDINGS PTY LTD T-AS PHOENIX TRAFFIC MANAGEMENT/ CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 5 APRIL 2018

Application for approval of the JBT Holdings Pty Ltd t-as Phoenix Traffic Management/ CFMEU Collective Agreement 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/ CFMEU Collective Agreement 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, 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 12 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for approval of the JBT Holdings Pty Ltd trading as Phoenix Traffic Management and CFMEU Collective Agreement 2018. The agreement was intended to provide terms and conditions of employment for employees working in traffic management services for JBT Holdings. The dispute centred on the validity and enforceability of the agreement, specifically the union's right to negotiate and the scope of its authorisation to enter into the agreement.

The legal issues the court was required to decide involved the authorisation of the union to negotiate the agreement, the proper interpretation of the relevant industrial laws, and whether the agreement was made in good faith and complied with statutory requirements. The court had to assess whether the union had the necessary authorisation to negotiate on behalf of the employees and whether the agreement reflected the proper terms and conditions agreed upon.

The court examined the union's authorisation to negotiate the agreement, considering the process by which the union obtained the mandate from its members. It was determined that the union had properly authorised the negotiation of the agreement and that the process was in line with industrial laws. The court also evaluated whether the agreement was made in good faith and if it complied with all statutory requirements. After a thorough review, the court concluded that the agreement was valid and enforceable. The agreement was found to reflect the terms and conditions agreed upon by the parties and was consistent with the statutory provisions.

The final orders of the court were that the JBT Holdings Pty Ltd trading as Phoenix Traffic Management and CFMEU Collective Agreement 2018 be approved and registered. The agreement was deemed to be a lawful and valid collective agreement, binding on both parties and enforceable under the relevant industrial laws.

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