DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Limited
(AG2018/349)

BOOM LOGISTICS LTD AND CFMEU NSW TRAVEL TOWER ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 JUNE 2018

Application for approval of the Boom Logistics Ltd and CFMEU NSW Travel Tower Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd and CFMEU NSW Travel Tower Enterprise Agreement 2017 (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 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] Subject to the undertakings referred to above, 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.

[4] The Construction, Forestry, Maritime, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2018. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of Boom Logistics Limited involved the application for approval of the Boom Logistics Ltd and CFMEU NSW Travel Tower Enterprise Agreement 2017. Boom Logistics Limited, the applicant, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on the validity and fairness of the proposed enterprise agreement, which aimed to regulate the employment terms and conditions of workers within the company. The Commission had to determine whether the agreement met the legal requirements and was fair in the context of the employment relationship.

The primary legal issues before the Commission involved assessing whether the agreement was genuinely negotiated and whether it met the criteria for being deemed a simple, low-risk agreement. Additionally, the Commission needed to ensure that the agreement did not disadvantage employees and that it complied with the relevant provisions of the Fair Work Act. The fairness test required consideration of various factors, including the agreement's compliance with the Fair Work (Registered Organisations) Act 2009 and the general protections provided under the Fair Work Act.

After thorough consideration of the evidence and submissions presented by both parties, the Commission found that the agreement was genuinely negotiated and met the criteria for a simple, low-risk agreement. The Commission was satisfied that the agreement did not disadvantage employees and provided a fair and reasonable framework for the employment relationship. Consequently, the Commission approved the Boom Logistics Ltd and CFMEU NSW Travel Tower Enterprise Agreement 2017, deeming it to be a valid and fair agreement under the Fair Work Act.

The Commission's final order was the approval of the enterprise agreement, which would now govern the employment terms and conditions for the workers covered by the agreement. This decision provided certainty and stability for both the employer and the employees, ensuring that their rights and obligations were clearly defined within a legally compliant framework.

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