DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boom Logistics Limited
(AG2015/560)

BOOM LOGISTICS QUEENSLAND TRAVEL TOWER OPERATOR ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 APRIL 2015

Application for approval of the Boom Logistics Queensland Travel Tower Operator Enterprise Agreement 2015-2018.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 16 March 2015 by Boom Logistics Limited for the approval of a single-enterprise agreement known as the Boom Logistics Queensland Travel Tower Operator Enterprise Agreement 2015-2018(“the Agreement”).

[2] I conducted a conference in relation to the application on 23 April 2015.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] I note that the Construction, Forestry, Mining and Energy Union (“the Union”) objects to any reference to the Union within the document. The Union does not want to be associated with the document, or allow for it to be inferred that it agreed to any of the content within the document. That said, as a bargaining representative for the Agreement, the Union has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the Union.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Limited sought approval of the Boom Logistics Queensland Travel Tower Operator Enterprise Agreement 2015-2018. The dispute was heard by the Fair Work Commission, which had jurisdiction to approve the agreement under the Fair Work Act 2009. The applicants argued that the agreement was appropriate for approval as it met the requirements of the Act and was in the best interests of the employees.

The central legal issue was whether the agreement met the necessary criteria for approval under the Act. Specifically, the Commission needed to determine whether the agreement contained all the mandated terms, was fairly negotiated, and was in the best interests of the employees. The Commission also needed to consider whether the agreement provided for appropriate safeguards for casual employees and whether it complied with relevant industrial instruments.

In delivering its decision, the Commission found that the agreement contained all the mandated terms and was fairly negotiated. The Commission also found that the agreement was in the best interests of the employees, taking into account the views of the applicants and the union. The Commission further found that the agreement provided appropriate safeguards for casual employees and complied with relevant industrial instruments. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Boom Logistics Queensland Travel Tower Operator Enterprise Agreement 2015-2018. The Commission found that the agreement met all the necessary criteria for approval, including containing all the mandated terms, being fairly negotiated, and being in the best interests of the employees. The Commission also found that the agreement provided appropriate safeguards for casual employees and complied with relevant industrial instruments.

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