DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Boom Logistics Ltd
(AG2015/7859)

BOOM LOGISTICS LTD CRANE OPERATORS (SOUTH WEST) ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 6 JANUARY 2016

Application for variation of the BOOM Logistics Ltd Crane Operations (South West) Enterprise Agreement 2013 .

[1] An application has been made for approval of a variation of the BOOM Logistics Ltd Crane Operations (South West) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Boom Logistics Ltd. 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

The applicant, Boom Logistics Ltd, sought to vary the existing enterprise agreement with their employees, specifically the crane operators in the South West region. The proposed changes aimed to address operational efficiency and align the agreement with industry standards. The application was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed variations to the enterprise agreement were procedurally and substantively justified. The applicant argued that the changes were necessary to remain competitive and to reflect changes in the industry. The employees, represented by the union, contended that the changes would negatively impact working conditions and were not adequately justified.

The Commission found that the applicant had demonstrated a genuine need for the proposed changes, which were aimed at improving efficiency and aligning the agreement with industry standards. The Commission also noted that the changes did not adversely affect the employees' core terms and conditions of employment. Consequently, the application was approved, allowing the variations to proceed.

The Fair Work Commission approved the variation of the enterprise agreement, permitting the applicant to implement the proposed changes. The decision acknowledged the applicant's need to remain competitive while ensuring that the employees' rights and conditions were adequately protected.

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