DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Ltd
(AG2016/7518)

BOOM LOGISTICS LTD TASMANIAN TRAVEL TOWER OPERATORS ENTERPRISE AGREEMENT 2016 - 2019

Tasmania
COMMISSIONER ROE	MELBOURNE, 31 JANUARY 2017

Application for approval of the Boom Logistics Ltd Tasmanian Travel Tower Operators Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd Tasmanian Travel Tower Operators Enterprise Agreement 2016 - 2019 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 31 January 2017 and, in accordance with s.54, will operate from 7 February 2017. The nominal expiry date of the Agreement is 7 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Ltd applied to the Fair Work Commission for the approval of the Tasmanian Travel Tower Operators Enterprise Agreement 2016 - 2019. The company sought the agreement to apply to employees who operate travel towers at various sites in Tasmania. The dispute centred on the terms and conditions of employment, including pay rates, hours of work, and other workplace arrangements.

The Commission needed to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements of the Act. The Commission also had to consider the views of the parties involved and any relevant stakeholders.

In delivering its decision, the Commission found that the agreement was fair and reasonable, and met the statutory criteria for approval. The Commission noted that the agreement provided for appropriate pay rates and working conditions, and that it had been negotiated in good faith. The Commission also found that the procedural requirements of the Act had been met, and that the agreement was in the best interests of the employees and the employer. The Commission therefore approved the agreement, which will now apply to the relevant employees.

The Commission's decision provides guidance on the factors it will consider when approving enterprise agreements, and highlights the importance of good faith negotiations and compliance with the statutory requirements. The decision is likely to be of interest to employers and employees in the travel tower industry, as well as to other businesses seeking to negotiate and approve enterprise 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