DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boom Logistics Limited T/A Boom Logistics
(AG2018/362)

BOOM LOGISTICS TASMANIAN TRAVEL TOWER OPERATORS ENTERPRISE AGREEMENT - 2016 - 2019

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 MAY 2018

Application for variation of the Boom Logistics Tasmanian Travel Tower Operators Enterprise Agreement - 2016-2019.

[1] An application has been made for approval of a variation to the Boom Logistics Tasmanian Travel Tower Operators Enterprise Agreement - 2016-2019 (the Agreement). The application was made by Boom Logistics Ltd T/A Boom Logistics pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 28 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was made by Boom Logistics Limited, trading as Boom Logistics, seeking a variation to the existing Tasmanian Travel Tower Operators Enterprise Agreement 2016-2019. The dispute arose from negotiations between the employer and the Tasmanian Workers Union (TWU) regarding changes to the working conditions of employees. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue the court needed to resolve was whether the proposed variations to the enterprise agreement were justifiable under the Fair Work Act 2009. The variations sought by the employer included changes to shift patterns, the introduction of a new casual loading, and alterations to leave entitlements. The TWU opposed these changes, arguing that they would result in a significant reduction in employee entitlements and job security. The court was required to consider whether the changes were in the interests of the employees and whether the employer had demonstrated that the variations were necessary for the business to remain competitive and viable.

In delivering its decision, the commission considered the economic context of the business, the nature of the proposed changes, and the arguments presented by both parties. The commission noted that Boom Logistics had presented evidence of financial difficulties and the need for operational flexibility to remain competitive. The TWU, on the other hand, argued that the changes would negatively impact the employees' work-life balance and overall job satisfaction. After weighing these considerations, the commission found that the proposed variations were necessary for the business to remain viable and that they did not significantly disadvantage the employees. The commission concluded that the changes were in the best interests of the employees and approved the variations to the enterprise agreement.

The final orders of the commission included the approval of the variations to the Tasmanian Travel Tower Operators Enterprise Agreement 2016-2019, as proposed by Boom Logistics. The approved variations included changes to shift patterns, the introduction of a new casual loading, and alterations to leave entitlements. The decision was made effective from the date of the commission's order, and the parties were required to implement the changes in accordance with the terms of the varied enterprise 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