DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Limited T/A Boom Logistics
(AG2018/797)

BOOM LOGISTICS LTD BLACKWATER ENTERPRISE AGREEMENT 2018-2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 JUNE 2018

Application for approval of the Boom Logistics Ltd Blackwater Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd Blackwater Enterprise Agreement 2018-2021 (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 T/A Boom Logistics. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 12 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Boom Logistics Limited, trading as Boom Logistics, applied for the approval of the Boom Logistics Ltd Blackwater Enterprise Agreement 2018-2021. The agreement was to govern the employment conditions of the workers in the heavy vehicle maintenance, repair, and refuelling sector. The application arose from negotiations between the company and the Transport Workers Union of Australia, which represented the workers. The union had initially raised objections to certain provisions of the agreement, but these were later withdrawn, leading to the application for approval.

The legal issues before the commission included whether the agreement met the requirements under the Fair Work Act 2009, particularly in terms of minimum entitlements and the good faith bargaining process. The commission had to determine if the agreement provided for fair and reasonable terms and conditions, and whether the union had genuinely negotiated in good faith. The union's objections had centred on concerns about pay rates and conditions, but these were resolved during the course of the negotiations.

After reviewing the evidence and submissions from both parties, the commission found that the agreement satisfied the statutory requirements for approval. The commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment. The commission also found that the union had genuinely negotiated in good faith, and that the agreement was made in accordance with the provisions of the act. The commission approved the agreement, noting the improvements made to the terms and conditions of employment for the workers.

The final orders of the commission included the approval of the Boom Logistics Ltd Blackwater Enterprise Agreement 2018-2021, effective from 1 April 2018. The agreement was to remain in force until 31 March 2021, subject to the provisions of the Fair Work Act 2009. The commission also noted that the agreement contained provisions for the resolution of any disputes that may arise during the term of the agreement.

Boom Logistics Limited T/A Boom Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established