DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Boom Logistics Limited
(AG2016/153)

BOOM LOGISTICS LTD SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2015 - 2018

Building services
COMMISSIONER HAMPTON	ADELAIDE, 23 FEBRUARY 2016

Application for variation of the Boom Logistics Ltd South Australia Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Boom Logistics Ltd South Australia Enterprise Agreement 2015 - 2018 (the Agreement). The Agreement is a single enterprise agreement. This application was made by the employer, Boom Logistics Limited pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The variation concerns the wages set out in Clause 17.2 of the Agreement.

[3] I have considered the application and accompanying declarations in support of the application and am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for approval have been met.

[4] The variation to the Agreement is approved and will operate on and from 29 February 2016 .

[5] A consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

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CaseChat Overview and Summary

The matter in Boom Logistics Limited involved an application for the variation of the South Australia Enterprise Agreement 2015-2018. The applicant, Boom Logistics Limited, sought to amend the agreement to alter certain conditions of employment for its employees. The Fair Work Commission was the tribunal that heard the case. The primary focus of the case was on the legal framework governing the variation of enterprise agreements and the extent to which such variations could be justified under the Fair Work Act 2009. The legal issues that the Commission was required to decide included whether the proposed changes were in the best interest of the employees, whether the changes met the statutory requirements for a variation, and whether the application process was followed correctly.

The Commission began its analysis by examining the statutory provisions that govern the variation of enterprise agreements, particularly sections 172 to 178 of the Fair Work Act 2009. It considered whether the proposed changes were procedurally fair and if they met the threshold for being in the best interest of the employees. The Commission assessed the evidence presented by both parties, including submissions from the employer and the employees, to determine if the variation was warranted. The reasoning of the Commission focused on balancing the employer's need for flexibility with the rights and protections of the employees under the enterprise agreement. After careful consideration, the Commission found that the application met the necessary criteria for a variation. The proposed changes were deemed to be in the best interest of the employees and were procedurally sound. The Commission granted the application, allowing the amendments to the enterprise agreement to proceed.

The final orders of the Commission included the approval of the variation of the South Australia Enterprise Agreement 2015-2018 as proposed by Boom Logistics Limited. The approved changes were to come into effect on a specified date, ensuring that both the employer and employees were aware of the new terms and conditions of employment. The Commission's decision was based on a comprehensive analysis of the statutory requirements and the evidence presented during the hearing.

Boom Logistics Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established