Application by Boom Logistics Limited Trading as Boom Logistics

[2025] FWCA 2042

[2025] FWCA 2042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Application by Boom Logistics Limited Trading as Boom Logistics

(AG2025/1818)

BOOM LOGISTICS NEWMONT BODDINGTON GOLD CRANE SERVICES AGREEMENT 2025

Building, Metal and Civil Construction Industry

DEPUTY PRESIDENT O’KEEFFE PERTH, 20 JUNE 2025

Application for approval of the Boom Logistics Newmont Boddington Gold Crane Services Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Boom Logistics Newmont Boddington Gold Crane Services Agreement 2025 (the Agreement). The Application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Boom Logistics Limited Trading as Boom logistics (the Applicant). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s 173(2) was 11 February 2025 and the Agreement was made on 30 May 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s 193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Construction, Forestry and Maritime Employees Union (CFMEU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the CFMEU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 June 2025. The nominal expiry date of the Agreement is 20 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR788423>

UNDERTAKING – SECTION 190

I, Elaine BUCHANAN, General Manager – HR and Industrial Relations have the authority given to me by Boom Logistics Limited (“Company”) to give the following undertakings with respect to the Boom Logistics Newmont Boddington Gold Crane Services Agreement 2025 (“the Agreement”):

1. With regard to clause 26.1(b) of the Agreement, employees are only required to provide notice of absence as soon as practicable, which may be a time after which the leave has started.

2. With regard to clause 27.1 of the Agreement, employees will be entitled to compassionate leave in circumstances of still birth or miscarriage as set out in section 104(1)(b) and (c) of the Fair Work Act 2008 (Cth).

3. With regard to clause 30 of the Agreement, any work performed on a public holiday will be subject to the tests of reasonableness as set out in section 114(4) of the Fair Work Act 2008 (Cth).

Signature

17 June 2025

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Date