DECISION

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

Boom Logistics Limited
(AG2021/5360)

BOOM LOGISTICS LIMITED EAST ROCKINGHAM WORKSHOP ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 JUNE 2021

Application for approval of the Boom Logistics Limited East Rockingham Workshop Enterprise Agreement 2020.

[1] Boom Logistics Limited has made an application for the approval of an enterprise agreement known as the Boom Logistics Limited East Rockingham Workshop Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 14 June 2021 and, in accordance with s 54, will operate from 1 July 2021. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boom Logistics Limited applied for approval of the East Rockingham Workshop Enterprise Agreement 2020. The application was brought under section 234 of the Fair Work Act 2009. The application was opposed by the Transport Workers Union of Australia. The dispute before the Fair Work Commission was whether the agreement met the requirements of section 230 of the Fair Work Act, particularly whether it provided for fair and reasonable terms and conditions of employment, and whether it was appropriately certified by an independent person as a “bargaining representative agreement”. The key issue was whether the agreement contained appropriate terms and conditions that were fair and reasonable, and whether it was certified correctly.

The Fair Work Commission found that the agreement contained terms and conditions that were fair and reasonable, and that the agreement was certified appropriately. The Commission held that the agreement contained provisions that were consistent with the objectives of the Fair Work Act, and that it provided for appropriate mechanisms for resolving disputes. The Commission also found that the agreement was appropriately certified by an independent person as a bargaining representative agreement. The Commission approved the agreement, finding that it met the requirements of section 230 of the Fair Work Act.

The Fair Work Commission approved the East Rockingham Workshop Enterprise Agreement 2020, finding that it contained appropriate terms and conditions that were fair and reasonable, and that it was appropriately certified as a bargaining representative agreement. The Commission found that the agreement provided for appropriate mechanisms for resolving disputes and was consistent with the objectives of the Fair Work Act.

Boom Logistics Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established