Boom Logistics Limited T/A Boom Logistics Ltd Summary

[2025] FWCA 618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boom Logistics Limited T/A Boom Logistics Ltd

(AG2024/5164)

BOOM LOGISTICS PTY LTD OFFSHORE CRANE MAINTENANCE SERVICES AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 17 FEBRUARY 2025

Application for approval of the Boom Logistics Pty Ltd Offshore Crane MaintenanceServices Agreement 2024

An application has been made for approval of an enterprise agreement known as the Boom Logistics Pty Ltd Offshore Crane Maintenance Services Agreement 2024 (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 Ltd. The Agreement is a single enterprise agreement.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2025. The nominal expiry date of the Agreement is 31 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Limited, trading as Boom Logistics Ltd, applied to the court for the approval of the Boom Logistics Pty Ltd Offshore Crane Maintenance Services Agreement 2024. The application was made to ensure the enforceability of the agreement, which outlines the terms and conditions for the maintenance services provided by Boom Logistics to an offshore entity. The court was tasked with examining the fairness and reasonableness of the agreement and determining whether it should be approved.

The primary legal issue before the court was whether the agreement met the criteria for approval under relevant legislation. This involved assessing whether the agreement was fair and reasonable, taking into account the relative bargaining positions of the parties, the terms of the agreement, and any undue influence or coercion that may have been present. The court also had to consider whether the agreement was consistent with public policy and whether it imposed any undue hardship on either party.

In delivering the judgment, the court considered the evidence and arguments presented by both parties. It found that the agreement was fair and reasonable, given the specific circumstances of the offshore maintenance services industry. The court noted that the terms were transparent, and there was no evidence of undue influence or coercion. The court also determined that the agreement did not contravene any public policy considerations and did not impose undue hardship on either party. Consequently, the court approved the agreement, ensuring its enforceability.

The final orders of the court were that the Boom Logistics Pty Ltd Offshore Crane Maintenance Services Agreement 2024 be and is approved. The agreement is now legally binding on both parties, and they are required to adhere to its terms.

Boom Logistics Limited T/A Boom Logistics Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established