DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Limited
(AG2016/6141)

BLNW ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2017

Application for approval of the BLNW Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BLNW Enterprise Agreement 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] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2017. The nominal expiry date of the Agreement is 2 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Boom Logistics Limited, sought the Fair Work Commission's approval of the BLNW Enterprise Agreement 2016. The dispute arose due to the disagreement between Boom Logistics Limited and its employees, represented by the Transport Workers Union of Australia, regarding the terms and conditions of employment. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the procedural requirements outlined in the Fair Work Act, specifically whether the agreement had been genuinely negotiated and whether it contained all the necessary minimum terms and conditions. Additionally, the court had to consider whether the agreement was in the best interests of the employees and whether it adhered to the principles of procedural fairness.

In examining the evidence, the Commission determined that the agreement had indeed been genuinely negotiated and contained all the necessary minimum terms. The court found that the agreement was fair and balanced, taking into account the economic circumstances and the interests of the employees. The Commission was satisfied that the process leading to the agreement was procedurally fair, and that all parties had an opportunity to participate and express their views. Consequently, the Commission approved the BLNW Enterprise Agreement 2016.

The final orders of the Commission were that the BLNW Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act. This approval ensures that the terms and conditions set out in the agreement are enforceable between Boom Logistics Limited and its employees.

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