DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3654)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for approval of the JBT Holdings Pty Ltd T/As Phoenix Traffic Management Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control 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) Traffic Control 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, 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] 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 was approved on 1 July 2016 and, in accordance with s.54, will operate from 8 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union, on behalf of its members, applied to the Fair Work Commission (FWC) for the approval of the Traffic Control Enterprise Agreement 2016-2018 between JBT Holdings Pty Ltd trading as Phoenix Traffic Management Pty Ltd and the CFMEU (Victorian Construction and General Division). The primary focus of the dispute was whether the agreement met the requirements for approval under the Fair Work Act 2009. The FWC was tasked with determining if the agreement was in the best interests of the employees and if it adhered to the statutory provisions and principles of industrial fairness.

The legal issues before the FWC included whether the agreement complied with the Fair Work Act, particularly whether it provided for the appropriate minimum entitlements for employees, and if it adhered to the principles of industrial fairness. Additionally, the FWC had to assess if the agreement contained provisions that were not reasonably capable of being characterised as terms and conditions of employment, and whether the agreement provided for adequate consultation and negotiation processes.

The FWC examined the contents of the agreement and the negotiation process. It found that the agreement provided for terms and conditions of employment that were fair and reasonable, taking into account the economic and non-economic factors relevant to the enterprise. The FWC concluded that the agreement met the statutory requirements for approval, noting that it provided for minimum entitlements, procedural fairness, and did not contain any provisions that were not reasonably capable of being characterised as terms and conditions of employment. The FWC also found that the consultation and negotiation processes were adequate.

The FWC approved the Traffic Control Enterprise Agreement 2016-2018, finding it to be in the best interests of the employees and compliant with the Fair Work Act. The agreement was approved as it met the statutory requirements and principles of industrial fairness.

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