DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Limited
(AG2016/5253)

BOOM LOGISTICS LIMITED NAVAL BASE WORKSHOP ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 OCTOBER 2016

Application for approval of the Boom Logistics Limited Naval Base Workshop Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Limited Naval Base Workshop 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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 19 October 2016 and, in accordance with s.54, will operate from 26 October 2016. The nominal expiry date of the Agreement is 26 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Boom Logistics Limited, sought approval of an enterprise agreement, known as the Boom Logistics Limited Naval Base Workshop Enterprise Agreement 2016, from the Fair Work Commission. The application was opposed by the Maritime Union of Australia. The dispute centred around the terms and conditions outlined in the proposed agreement and their implications for the employees of Boom Logistics Limited working at the Naval Base Workshop.

The legal issues before the court included whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The court had to consider if the agreement provided for fair and reasonable terms, including pay and conditions, and whether it complied with the provisions of the Act regarding the protection of employees' rights. The court also had to determine if the agreement was made in good faith and without coercion.

The Fair Work Commission, in its decision, evaluated the terms of the agreement against the statutory criteria. The Commission found that the agreement provided for fair and reasonable terms and conditions, including pay and conditions, and was made in good faith. It concluded that the agreement did not unfairly discriminate against any group of employees and provided adequate protections for employee rights. Consequently, the Commission approved the application for the agreement.

The Fair Work Commission approved the Boom Logistics Limited Naval Base Workshop Enterprise Agreement 2016, determining that it met all necessary legal requirements. The decision was made based on the Commission's assessment that the agreement provided for fair and reasonable terms and conditions, was made in good faith, and did not unfairly discriminate against any group of employees. The Commission also confirmed that the agreement provided adequate protections for employee rights.

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