DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Ltd
(AG2017/5974)

BOOM LOGISTICS CRANE OPERATORS NAVAL BASE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 MAY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd Crane Operators Naval Base Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. 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 Construction, Forestry, Maritime, Mining and Energy Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2018. The nominal expiry date of the Agreement is 25 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boom Logistics Ltd sought approval of the Boom Logistics Ltd Crane Operators Naval Base Enterprise Agreement 2017, a new enterprise agreement that would replace the existing Enterprise Agreement 2015. The Fair Work Commission (FWC) was the tribunal to consider the application. The dispute was about whether the new agreement met the requirements of the Fair Work Act 2009.

The legal issues before the FWC included whether the new agreement was made in good faith, whether it contained the minimum terms and conditions mandated by the Fair Work Act, and whether it complied with the process for making an enterprise agreement. The FWC also needed to consider whether the agreement was in the interests of the employees and if it provided a safety net for those not directly covered by the agreement.

The FWC examined the evidence presented by the parties and determined that the new agreement was made in good faith and contained the minimum terms and conditions as required by the Fair Work Act. The FWC found that the process for making the agreement was followed and that the agreement was in the interests of the employees. The FWC also found that the agreement provided a safety net for those not directly covered by the agreement. The FWC approved the new enterprise agreement, and it came into effect on 1 January 2018.

The FWC ordered that the new agreement be registered and that the existing Enterprise Agreement 2015 be terminated. The FWC also ordered that the new agreement be published on the Fair Work Ombudsman's website and that the parties provide a copy of the agreement to the Fair Work Ombudsman. The FWC further ordered that the parties provide a copy of the agreement to the employees and that the agreement be given to any employees who request a copy.

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