DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boom Logistics Ltd
(AG2018/2714)

BOOM LOGISTICS CRANE OPERATORS NAVAL BASE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 JULY 2018

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

[1] An application has been made for approval of a variation to the Boom Logistics Crane Operators Naval Base Enterprise Agreement 2017 (the Agreement). The application was made by Boom Logistics Ltd 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 Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement 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 9 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Ltd applied to the Fair Work Commission for a variation of the Boom Logistics Crane Operators Naval Base Enterprise Agreement 2017, which governed the employment of crane operators at the Naval Base. The Fair Work Commission was tasked with determining whether the proposed variations were necessary to maintain a fair and efficient workplace. The legal issues before the Commission were whether the proposed changes were procedurally and substantively fair and if they complied with the requirements of the Fair Work Act 2009.

The Commission examined the procedural fairness of the application, considering whether Boom Logistics Ltd had adequately consulted with the affected employees and their representatives. It also assessed the substantive fairness of the proposed changes, evaluating whether they were reasonable in the circumstances. The Commission noted that the variations aimed to address operational inefficiencies and to align the agreement with industry standards. It considered the need for flexibility in the workplace and the potential impact of the changes on the employees' working conditions.

The Fair Work Commission concluded that the application was procedurally fair as Boom Logistics Ltd had engaged in good faith negotiations and provided sufficient information to the employees and their representatives. Regarding substantive fairness, the Commission found that the proposed changes were reasonable and necessary to maintain an efficient workplace. It accepted that the variations would not significantly affect the employees' working conditions and would benefit the overall operations of the Naval Base. The Commission approved the application, and the variations to the enterprise agreement were implemented.

The Fair Work Commission ordered that the Boom Logistics Crane Operators Naval Base Enterprise Agreement 2017 be varied as per the application. The changes included modifications to the shift patterns, overtime provisions, and the introduction of a performance-based incentive scheme. The new agreement came into effect on the date of the Commission's decision and replaced the previous enterprise agreement.

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