Boom Logistics Limited

[2015] FWCA 1904

[2015] FWCA 1904

The attached document replaces the document previously issued on 18 March 2015 with the document reference [2015] FWC 1869. The document reference was incorrect.

Associate to Commissioner Roe

Dated 19 March 2015

[2015] FWCA 1904

FAIR WORK COMMISSION

DECISION

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

Boom Logistics Limited
(AG2015/419)

BOOM LOGISTICS LIMITED SOUTH EAST QLD TRANSPORT DIVISION ENTERPRISE AGREEMENT 2009 - 2012

Road transport industry
COMMISSIONER ROE	MELBOURNE, 18 MARCH 2015

Application for termination of the Boom Logistics Limited South East QLD Transport Division Enterprise Agreement 2009-2012.

[1] The Application to terminate this Agreement has been made by the employer covered by the Agreement, Boom Logistics Limited. The nominal expiry date of the Agreement is 22 June 2013 and I am satisfied that it is passed. I am satisfied by the Statutory Declaration provided by the employer that the South East Queensland depot has not been operational since 2013 and consequently there are no longer any employees covered by the Agreement.

[2] The Construction, Forestry, Mining and Energy Union (CFMEU) is covered by the Agreement. I provided the CFMEU with an opportunity to make submissions about this matter. The CFMEU have not indicated any disagreement with the statements made by Boom Logistics and have not indicated any opposition to the termination of the Agreement.

[3] In having regard to the requirements of Section 226 of the Fair Work Act 2009 (the Act) and based on the material that is before me, I am satisfied that:

● No employees are disadvantaged;
● There is administrative efficiency for the employer which would be achieved by the termination of the Agreement;
● The considerable period of time since the nominal expiry date of the Agreement during which period there have been no employees covered by the Agreement means that it is unlikely that new employees will be engaged by the company to perform work covered by the Agreement and hence there is no disadvantage or undermining of collective bargaining;
● 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] The termination shall operate from today’s date, 18 March 2015.

COMMISSIONER

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