DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Boom Logistics Limited T/A Boom Logistics
(AG2020/4206)

BOOM LOGISTICS CRANE OPERATORS NAVAL BASE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 FEBRUARY 2021

Application for variation of the Boom Logistics Ltd Crane Operators Naval Base Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Boom Logistics Ltd Crane Operators Naval Base Enterprise Agreement 2017 (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] 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying 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 Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 24 May 2018. Those undertakings form part of the Agreement as varied.

[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 15 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Limited, trading as Boom Logistics, applied to the Fair Work Commission to vary the terms of the Boom Logistics Ltd Crane Operators Naval Base Enterprise Agreement 2017. The dispute centred on the interpretation and modification of certain provisions within the agreement, specifically relating to the classification and responsibilities of crane operators employed at the naval base. The Fair Work Commission was tasked with determining whether the proposed changes were consistent with the relevant legislation and whether they were justifiable under the circumstances presented.

The legal issues before the commission involved whether the proposed variations complied with the Fair Work Act 2009, particularly regarding the protection of employees' rights and the process for making enterprise agreements. The commission had to consider whether the changes were procedurally fair and whether they provided a sufficient basis for altering the existing terms and conditions of employment. Additionally, the commission assessed whether the changes would result in improved operational efficiency without unduly disadvantaging the employees.

The commission found that the proposed variations were consistent with the Fair Work Act and were procedurally fair. The changes, which included modifications to the classification of crane operators and their responsibilities, were deemed necessary to enhance operational efficiency and align with the current operational requirements at the naval base. The commission concluded that the variations would not result in a detriment to the employees and were justified under the circumstances. The application was subsequently approved, and the amended agreement was registered.

The final orders of the commission included the registration of the varied Boom Logistics Ltd Crane Operators Naval Base Enterprise Agreement 2017, with the specified changes to the classification and responsibilities of the crane operators. The commission directed that the new agreement would come into effect from a specified date, ensuring that all relevant parties were adequately informed and prepared for the transition.

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