DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Boom Logistics Limited
(AG2017/2103)

BOOM LOGISTICS LIMITED HEAVY HAULAGE AGREEMENT 2013-2015

Road transport industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 23 JUNE 2017

Termination of the Boom Logistics Queensland Heavy Haulage Enterprise Agreement 2013-2015.

[1] On 8 June 2017, Boom Logistics Limited lodged an application for the termination of the Boom Logistics Queensland Heavy Haulage Enterprise Agreement 2013-2015 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Limited sought to terminate the Boom Logistics Queensland Heavy Haulage Enterprise Agreement 2013-2015, citing a significant reduction in their operations. The matter was heard in the Fair Work Commission, where the union representing the employees challenged the validity of the termination. The central issue before the Commission was whether Boom Logistics had a valid reason to terminate the enterprise agreement, and if the correct procedures were followed in doing so.

The Commission examined whether Boom Logistics had genuinely reduced its operations to the extent claimed, and if this reduction was sufficient to justify termination. It was also necessary to determine if the termination process adhered to the Fair Work Act 2009. The union argued that the termination was not justified and that Boom Logistics had not followed the required steps. The company, on the other hand, maintained that the reduction in operations was substantial and warranted the termination of the agreement.

The Fair Work Commission found that Boom Logistics had not demonstrated a genuine and significant reduction in operations to justify the termination of the enterprise agreement. The company's evidence was not convincing, and the reduction claimed was not sufficient to warrant termination. Additionally, the Commission ruled that the company had not followed the correct procedures for terminating the agreement. Consequently, the termination was deemed invalid, and the enterprise agreement remained in effect.

As a result of the Commission's findings, the termination of the enterprise agreement was set aside, and the Boom Logistics Queensland Heavy Haulage Enterprise Agreement 2013-2015 continued to be in force. The union's challenge was successful, and the employees retained the protections and benefits provided by the agreement.

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