DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Ltd
(AG2017/2984)

BOOM LOGISTICS LTD SOUTH AUSTRALIAN TRAVEL TOWER OPERATORS ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 13 OCTOBER 2017

Application for approval of the Boom Logistics Ltd South Australian Travel Tower Operators Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd South Australian Travel Tower Operators 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 Agreement contained a minor error at clause 23.1. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] The Construction, Forestry, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2017. The nominal expiry date of the Agreement is 12 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boom Logistics Ltd recently applied to the Fair Work Commission for approval of the South Australian Travel Tower Operators Enterprise Agreement 2017. The applicant, Boom Logistics Ltd, is a company that operates travel towers in South Australia, and the application seeks to approve a new enterprise agreement that was negotiated with a union representing the employees of the company. The nature of the dispute centres around the terms and conditions of employment for the employees covered by the proposed agreement. The Fair Work Commission is the court in this matter, and it was required to decide whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement provided for the proper representation of the employees, whether the agreement met the requirements for good faith bargaining, and whether the agreement complied with the provisions of the Fair Work Act relating to minimum entitlements and other matters. The Commission also had to consider whether the agreement was in the best interests of the employees, and whether it provided for appropriate dispute resolution mechanisms. The applicant argued that the agreement was fair and reasonable, and that it provided for appropriate protections for both the employees and the company.

The Commission found that the agreement met the requirements for good faith bargaining and provided for appropriate protections for the employees. The Commission noted that the agreement provided for appropriate dispute resolution mechanisms and that it contained provisions that were in the best interests of the employees. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act, including the provisions relating to minimum entitlements. The Commission approved the proposed agreement, subject to certain conditions, including the requirement that the applicant provide certain information to the Commission within a specified period. The Commission found that the agreement was fair and reasonable, and that it provided for appropriate protections for both the employees and the company.

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