Boom Logistics Limited Summary

[2013] FWCA 2896

FAIR WORK COMMISSION

DECISION

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

Boom Logistics Limited
(AG2013/1065)

BOOM LOGISTICS LTD CENTRAL AND NORTHERN REGION CRANE DIVISION COLLECTIVE AGREEMENT 2013 - 2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 21 MAY 2013

Application for approval of the Boom Logistics Ltd Central and Northern Region Crane Division Collective Agreement 2013 - 2016.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 May 2013 by Boom Logistics Limited for the approval of a single-enterprise agreement known as the Boom Logistics Ltd Central and Northern Region Crane Division Collective Agreement 2013 - 2016 (“the Agreement”).

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

[3] The Construction, Forestry, Mining and Energy Union (“the CFMEU”) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, Boom Logistics Limited, sought approval from the Fair Work Commission for the proposed Central and Northern Region Crane Division Collective Agreement 2013-2016. The application was made under the Fair Work Act 2009, and the Fair Work (Registered Organisations) Act 2009. The applicant's application was opposed by the Australian Manufacturing Workers Union (AMWU). The central dispute in this case was whether the proposed collective agreement met the requirements of the Fair Work Act 2009 for approval and registration. The legal issues that the Fair Work Commission had to determine were whether the proposed agreement was a genuine agreement, whether it was in the best interests of the employees, and whether it complied with the provisions of the Fair Work Act 2009.

The Fair Work Commission found that the proposed agreement was a genuine agreement, as it was negotiated in good faith and was not the product of any form of coercion or duress. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. Furthermore, the Commission found that the proposed agreement complied with the provisions of the Fair Work Act 2009. The Commission was satisfied that the agreement contained all the prescribed terms and conditions required by the Act and that it did not contain any provisions that would be contrary to the public interest.

In light of the above findings, the Fair Work Commission approved and registered the proposed agreement. The Commission found that the agreement was fair and reasonable and would provide for the fair and equitable treatment of employees. The Commission also found that the agreement would promote harmonious, productive, and cooperative workplace relations. The Commission noted that the agreement provided for a comprehensive dispute resolution process, which would enable any issues or disputes that arose to be resolved in a fair and timely manner. The Commission was satisfied that the agreement would provide for the fair and reasonable treatment of employees and would promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission approved and registered the Central and Northern Region Crane Division Collective Agreement 2013-2016, subject to certain modifications. The modifications related to the provisions of the agreement concerning the payment of overtime and penalty rates, and the provision of shift allowances. The Commission found that the proposed agreement did not comply with the requirements of the Fair Work Act 2009 in relation to these provisions and made orders to modify the agreement accordingly. The Commission noted that the modifications would not have a significant impact on the overall fairness and reasonableness of the agreement and would not undermine its objectives.

Boom Logistics Limited

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