DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Ltd
(AG2017/1312)

BOOM LOGISTICS QUEENSLAND MECHANICAL, DRIVERS & WORKSHOP PERSONNEL - 2017-2020

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 16 MAY 2017

Application for approval of the Boom Logistics Queensland Mechanical, Drivers & Workshop Personnel - 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Queensland Mechanical, Drivers & Workshop Personnel - 2017-2020 (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 is approved and, in accordance with s.54 of the Act, will operate from 23 May 2017. The nominal expiry date of the Agreement is 22 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Boom Logistics Ltd sought approval for an enterprise agreement titled "Boom Logistics Queensland Mechanical, Drivers & Workshop Personnel - 2017-2020." The dispute involved the terms and conditions of employment for the company's mechanical, drivers, and workshop personnel in Queensland. The Commission was tasked with determining whether the proposed agreement complied with the relevant legislative provisions and was in the best interests of the employees and the company.

The primary legal issues the Commission needed to address were whether the proposed agreement contained all the mandatory terms prescribed by the Fair Work Act 2009 and whether it was in the best interests of the employees and the employer. The Commission also considered whether the agreement met the requirements for being a single, indivisible enterprise agreement and if it complied with the procedural fairness requirements.

The Commission found that the proposed agreement contained all the mandatory terms required by the Fair Work Act 2009 and was in the best interests of the employees and the employer. The agreement was deemed to be a single, indivisible enterprise agreement, and it complied with all the procedural fairness requirements. The Commission approved the proposed enterprise agreement, stating that it was fair and reasonable, and it provided for the efficient operation of the enterprise.

The Fair Work Commission approved the enterprise agreement for Boom Logistics Ltd's mechanical, drivers, and workshop personnel in Queensland for the period of 2017 to 2020. The approval was based on the agreement being in compliance with the Fair Work Act 2009, meeting all the mandatory terms, and being in the best interests of the employees and the employer.

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