Boom Logistics Limited Summary

[2013] FWCA 4106

FAIR WORK COMMISSION

DECISION

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

Boom Logistics Limited
(AG2013/6962)

BOOM LOGISTICS LTD MORANBAH MECHANICAL PERSONNEL ENTERPRISE AGREEMENT 2013 - 2016

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 25 JUNE 2013

Application for approval of the Boom Logistics Ltd Moranbah Mechanical Personnel Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd Moranbah Mechanical Personnel Enterprise Agreement 2013 - 2016. (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 Agreement is a single-enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given 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 this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 2 July 2013. The nominal expiry date of the agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Limited sought approval for the Boom Logistics Ltd Moranbah Mechanical Personnel Enterprise Agreement 2013-2016. The dispute involved the terms and conditions of employment for mechanical personnel at the Moranbah facility and was heard in the Fair Work Commission. The legal issues revolved around whether the proposed agreement complied with the Fair Work Act 2009, specifically focusing on whether it met the requirements for "genuine agreement" and covered the necessary minimum terms and conditions.

The Commission examined the process through which the agreement was negotiated and whether it was free from any improper influence or coercion. The crux of the matter was to determine if the agreement fairly reflected the outcomes of good faith bargaining between the employer and the employees. The Commission also considered whether the agreement provided for minimum entitlements and if it was in line with the broader principles of industrial relations law. After thorough deliberation, the Commission found that the agreement did indeed meet all the legal requirements and was reflective of genuine agreement. The terms were fair and provided for all necessary minimum conditions.

As a result, the Fair Work Commission approved the Boom Logistics Ltd Moranbah Mechanical Personnel Enterprise Agreement 2013-2016. The final orders confirmed the agreement's validity and its binding effect on the parties involved. The decision underscored the importance of ensuring that enterprise agreements are genuinely negotiated and meet the statutory criteria set out in the Fair Work Act 2009.

Boom Logistics Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established