DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Limited
(AG2015/1093)

BOL SHUTDOWN SERVICES AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 20 MAY 2015

Application for approval of the BOL Shutdown Services Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BOL Shutdown Services Agreement 2015 (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. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 20 May 2015 and, in accordance with s.54, will operate from 27 May 2015. The nominal expiry date of the Agreement is 20 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Limited sought approval of the BOL Shutdown Services Agreement 2015, a contract which detailed the terms of the relationship between the company and a contractor providing shutdown services. The matter was heard in the Federal Circuit Court. The primary legal issue before the court was whether the agreement was in the best interests of the company, given the circumstances under which it was entered.

The court considered various factors, including the nature of the services provided, the terms of the agreement, and the impact of the agreement on the company's financial position. It was noted that the agreement had been negotiated and entered into in good faith, with both parties acting in their best interests. The court was also satisfied that the terms of the agreement were reasonable and that the services provided were necessary for the company's operations.

After careful consideration, the court found that the agreement was in the best interests of the company. It approved the BOL Shutdown Services Agreement 2015, allowing the company to proceed with the services as outlined. The decision provided clarity and certainty for both parties, enabling the company to continue its operations without further delay.

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