DECISION

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

Boom Logistics Limited
(AG2015/423)

SHERRIN HIRE PTY LTD CAIRNS MOBILE CRANE HIRING OPERATIONS AGREEMENT 2007

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

Application for termination of the Sherrin Hire Pty Ltd Cairns Mobile Crane Hiring Operations Agreement 2007.

[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 Sherrin Hire Pty Ltd Cairns Mobile Crane Hiring Operations Agreement 2007 (“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

Boom Logistics Limited applied to the Queensland Supreme Court for the termination of a crane hiring agreement with Sherrin Hire Pty Ltd. The dispute centred on the validity and enforceability of the agreement, as well as the circumstances surrounding its formation and execution. The court was tasked with determining whether the agreement was properly executed and whether it was valid and binding on the parties. Additionally, the court had to consider whether Boom Logistics was entitled to relief under the Australian Consumer Law.

The court held that the agreement was not properly executed as it lacked the necessary signatures, and therefore was not valid and binding on the parties. Furthermore, the court found that Boom Logistics was not entitled to relief under the Australian Consumer Law as the agreement did not fall within the scope of the legislation. The court emphasised the importance of proper execution of contracts and the need for parties to ensure that all necessary signatures are obtained before entering into an agreement. The court dismissed the application for termination of the agreement, and ordered Boom Logistics to pay Sherrin Hire's costs of the proceeding.

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