DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Ltd
(AG2016/6644)

BOOM LOGISTICS LTD ADELAIDE TRANSPORT DRIVERS ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Boom Logistics Ltd Adelaide Transport Drivers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd Adelaide Transport Drivers Enterprise Agreement 2016 (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 22 December 2016. The nominal expiry date of the Agreement is 21 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Boom Logistics Ltd, an Australian company, applied for approval of the Boom Logistics Ltd Adelaide Transport Drivers Enterprise Agreement 2016. The application was made to the Fair Work Commission under the Fair Work Act 2009. The applicants, Boom Logistics Ltd, and the respondents, unions representing the drivers, presented arguments regarding the terms and fairness of the proposed agreement. The court was tasked with determining whether the agreement met the criteria for registration under the Act, including whether it provided for a safety net of minimum wages and conditions, and whether it was free from any unlawful content.

The court examined the provisions of the agreement to assess if it provided for a safety net of minimum wages and conditions, and whether it contained any unlawful content. The court considered the submissions from both parties and evaluated the terms of the agreement against the statutory requirements. The court found that the agreement provided for a safety net of minimum wages and conditions and was free from any unlawful content. Consequently, the court approved the agreement.

The court's decision was based on the provisions of the Fair Work Act 2009 and the terms of the agreement. The court found that the agreement met the statutory requirements for registration and approved it accordingly. The court's order was that the Boom Logistics Ltd Adelaide Transport Drivers Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009. The agreement is now a legally binding enterprise agreement between the parties.

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