Boom Logistics Ltd

Boom Logistics Limited applied for the termination of an enterprise agreement under section 225 of the Fair Work Act 2009. The Fair Work Commission was required to decide whether the agreement should be terminated as it was not contrary to the public interest and whether it was appropriate to terminate the agreement in all the circumstances. The application was dismissed because the Deputy President was not satisfied that the requirements of s.226(a) and (b) had been established. The evidence showed that the termination of the agreement would have a significant financial impact on employees. The reduction in wages and conditions was not offset by the undertakings provided by Boom. The Deputy President concluded that it was not appropriate to terminate the agreement in all the circumstances. The court balanced the views and circumstances of the employees, employer and the union. The Deputy President gave significant weight to the substantial reduction in take-home pay and conditions of employment that would result from the termination. This was not outweighed by the efficiency benefit to the employer.