DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Ltd
(AG2018/3589)

BOOM LOGISTICS QUEENSLAND TRAVEL TOWER OPERATOR ENTERPRISE AGREEMENT 2018-2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the Boom Logistics Queensland Travel Tower Operator Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Queensland Travel Tower Operator 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 Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2019. The nominal expiry date of the Agreement is 19 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boom Logistics Ltd applied for the approval of the Queensland Travel Tower Operator Enterprise Agreement 2018-2021, which was challenged by the Shop, Distributive and Allied Employees' Association. The dispute was heard by the Fair Work Commission, led by Commissioner Smith, with the parties engaging in a contentious negotiation process. The core legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and if the process for reaching the agreement was procedurally fair.

The Commission delved into the details of the negotiation process and examined the fairness of the terms proposed in the agreement. Commissioner Smith found that while there were procedural shortcomings in the negotiation process, the substance of the agreement itself was fair and met the statutory criteria. The Commission determined that the procedural issues did not significantly impact the overall fairness of the agreement and thus, the application for approval should be granted. The reasoning focused on the balance between procedural fairness and the practical considerations of workplace agreements, highlighting the importance of substantive fairness in this context.

In light of the findings, the Commission approved the Queensland Travel Tower Operator Enterprise Agreement 2018-2021, with a condition that the parties address the identified procedural issues in future negotiations. This decision underscored the Commission's approach to balancing procedural fairness with the need for efficient and fair workplace agreements.

Boom Logistics Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established