Boom Logistics Limited

[2014] FWCA 1303

FAIR WORK COMMISSION

DECISION

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

Boom Logistics Limited
(AG2013/10455)

BOOM LOGISTICS LIMITED NEWCASTLE DIVISION ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 FEBRUARY 2014

Application for approval of the Boom Logistics Limited Newcastle Division Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Boom Logistics Limited Newcastle Division Enterprise Agreement 2013 (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 Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 September 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Limited applied to the Fair Work Commission for approval of the Boom Logistics Limited Newcastle Division Enterprise Agreement 2013. The Fair Work Commission, presided over by Deputy President M Williams, was tasked with determining whether the agreement met the legal standards set forth in the Fair Work Act 2009. The primary issue before the court was whether the agreement complied with the procedural requirements for approval under section 232 of the Fair Work Act 2009. This involved examining if the agreement was made in good faith and whether it satisfied the criteria for being a genuine enterprise agreement.

The court found that the application was made in accordance with the procedural requirements outlined in section 232 of the Fair Work Act 2009. The Deputy President concluded that the agreement was made in good faith and fulfilled the necessary criteria to be considered a genuine enterprise agreement. Consequently, the application for approval of the agreement was granted, and the Boom Logistics Limited Newcastle Division Enterprise Agreement 2013 was approved as a registered agreement. This decision underscored the importance of procedural compliance and the necessity for agreements to be made in good faith to meet the legal standards for enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established