DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boom Logistics Limited T/A Boom Logistics
(AG2017/5395)

BOOM LOGISTICS QUEENSLAND TRAVEL TOWER OPERATOR ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 DECEMBER 2017

Application for variation of the Boom Logistics Queensland Travel Tower Operator Enterprise Agreement 2015-2018.

[1] An application has been made for approval of a variation to the Boom Logistics Queensland Travel Tower Operator Enterprise Agreement 2015-2018 (the Agreement). The application was made by Boom Logistics Limited 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] 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.

[5] 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.

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

[7] In accordance with s.216 of the Act, the variation operates from 21 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Limited T/A Boom Logistics applied to the Fair Work Commission (FWC) for a variation of the Boom Logistics Queensland Travel Tower Operator Enterprise Agreement 2015-2018. The application sought changes to the terms and conditions of employment for employees working in the travel tower operator industry, specifically addressing issues related to shifts, rostering, and leave entitlements. The FWC was required to determine whether the proposed variations were in the interests of the employees and whether they met the criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC centred on whether the proposed variations to the enterprise agreement would promote harmonious, productive, and cooperative workplace relations. The FWC had to consider the impact of the changes on the employees, whether the variations were necessary to achieve a better outcome for the parties, and whether they were fair and reasonable in all the circumstances. The FWC also needed to assess whether the application process was in accordance with the relevant provisions of the Fair Work Act and the Fair Work Regulations.

The FWC found that the proposed variations would promote harmonious, productive, and cooperative workplace relations by addressing inefficiencies in the current rostering system and providing greater flexibility for employees. The FWC was satisfied that the variations were necessary to achieve a better outcome for the parties and that they were fair and reasonable in all the circumstances. The FWC further determined that the application process was in accordance with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Consequently, the FWC approved the application and varied the enterprise agreement as sought by Boom Logistics.

The FWC's decision resulted in the amendment of the Boom Logistics Queensland Travel Tower Operator Enterprise Agreement 2015-2018 to reflect the approved variations. The changes included modifications to shift patterns, rostering processes, and leave entitlements. The revised agreement came into effect on the date of the FWC's decision and applied to all employees covered by the 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