Boom Logistics Limited

[2023] FWCA 695

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boom Logistics Limited

(AG2022/5605)

Boom Logistics Ltd Queensland Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 7 MARCH 2023

Application for approval of the Boom Logistics Ltd Queensland Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd Queensland Enterprise Agreement 2022 (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 Limited (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMMEU.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Boom Logistics Limited, an employer, applied for the approval of the Queensland Enterprise Agreement 2022. The respondents to the application were the Transport Workers Union of Australia and the Australian Manufacturing Workers Union. The agreement, which was to be applicable to employees of Boom Logistics Limited, aimed to establish the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The legal issues that the Commission had to address involved the fairness and compliance of the proposed agreement with the relevant legislative framework. The Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the requirements of the Fair Work Act 2009. The Commission also needed to consider the impact of the agreement on the employees' rights and protections, as well as the broader implications for industrial relations in the sector.

The Commission found that the proposed agreement was fair and reasonable, and complied with the legislative requirements. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including minimum wages, leave entitlements, and other benefits. The Commission also found that the agreement did not adversely affect the employees' rights and protections and that it did not undermine the broader objectives of the Fair Work Act. Based on these findings, the Commission approved the Queensland Enterprise Agreement 2022, subject to certain conditions and requirements.

The Fair Work Commission approved the Queensland Enterprise Agreement 2022, subject to the condition that it be registered with the Fair Work Commission. The Commission also imposed certain requirements on the parties to ensure that the agreement was implemented in a fair and reasonable manner. The Commission noted that the agreement provided for a fair and reasonable outcome for all parties and that it would promote industrial harmony and stability in the sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established