DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3782)

JBT HOLDINGS PTY LTD T-AS PHOENIX TRAFFIC MANAGEMENT / CFMEU COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 JULY 2016

Application for approval of the JBT Holdings Pty Ltd t-as Phoenix Traffic Management / CFMEU Collective Agreement 2016 - 2017.

[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 2016 - 2017 (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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 8 July 2016 and, in accordance with s.54, will operate from 15 July 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) made an application to the Fair Work Commission for approval of the Collective Agreement between JBT Holdings Pty Ltd trading as Phoenix Traffic Management and the CFMEU for the period 2016-2017. The application came before the Commission which was required to consider whether the agreement was in the interests of the employees and whether it met the requirements of the Fair Work Act 2009. The Commission was also required to consider whether the agreement would have a detrimental effect on the business operations of Phoenix Traffic Management.

The central legal issue before the Commission was whether the proposed agreement was in the best interests of the employees and met the requirements of the Fair Work Act. The Commission had to consider the provisions of the agreement, the bargaining power of the parties, and whether the agreement would have a detrimental effect on the business operations of Phoenix Traffic Management. The Commission also had to consider whether the agreement provided fair and reasonable terms and conditions for the employees.

The Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission noted that the agreement provided for a fair and reasonable rate of pay and conditions of employment for the employees. The Commission also found that the agreement would not have a detrimental effect on the business operations of Phoenix Traffic Management. The Commission was satisfied that the agreement was a genuine product of bargaining between the parties and was not detrimental to the business operations of Phoenix Traffic Management.

The Commission approved the agreement, subject to certain modifications to the agreement to ensure compliance with the Fair Work Act. The modifications included the removal of certain provisions that were found to be inconsistent with the Act. The Commission also made orders to ensure that the agreement was properly communicated to the employees and that the parties complied with the terms of the agreement.

Construction, Forestry, 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