DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boom Logistics Ltd
(AG2015/7860)

BOOM LOGISTICS LTD CRANE OPERATORS (WELSHPOOL AND NAVAL BASE) ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 15 JANUARY 2016

Application for variation of the BOOM Logistics Ltd Crane Operators (Welshpool and Naval Base) Enterprise Agreement 2013.

[1] An application has been made for approval of a variation of the BOOM Logistics Ltd Crane Operators (Welshpool and Naval Base) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Boom Logistics Limited. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Boom Logistics Ltd has applied to the Fair Work Commission for a variation to the BOOM Logistics Ltd Crane Operators (Welshpool and Naval Base) Enterprise Agreement 2013. The application seeks changes to various clauses including those concerning shift work, overtime, and annual leave. The Commission must consider whether the proposed changes are necessary and appropriate under the relevant legislative framework.

The legal issues before the Commission included whether the proposed changes were necessary for the efficient running of the enterprise, whether the changes would be detrimental to the employees, and whether the process for seeking the variation was correctly followed. The Commission had to assess if the application satisfied the criteria set out in section 235 of the Fair Work Act 2009.

The Commission determined that the proposed changes were necessary for the efficient running of the enterprise and would not result in a detrimental effect on the employees. The application process was found to be correctly followed, and the changes were deemed appropriate. As such, the Commission granted the application for variation, allowing the changes to proceed. The decision was made in accordance with the statutory provisions, ensuring the enterprise could operate more effectively while safeguarding the rights of the employees.

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