DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boom Logistics Ltd
(AG2015/981)

BOOM LOGISTICS LTD SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 MAY 2015

Application for approval of the Boom Logistics Ltd South Australia Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd South Australia Enterprise Agreement 2015-2018 (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2015. The nominal expiry date of the Agreement is 13 May 2018.

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 South Australia Enterprise Agreement 2015-2018, which was negotiated with the Australian Manufacturing Workers' Union. The application was contested by the union, which argued that the agreement did not provide adequate protections for its members. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to assess whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined the provisions of the agreement, including wages, hours of work, and other terms and conditions. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The Commission noted that the agreement provided for a 1.75% increase in wages over the four-year period, as well as other benefits such as paid parental leave and increased entitlements for shift work. The Commission also noted that the agreement provided for a dispute resolution process that was fair and accessible to employees.

Based on its findings, the Commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The Commission also noted that the agreement provided for a dispute resolution process that was fair and accessible to employees.

The Fair Work Commission approved the South Australia Enterprise Agreement 2015-2018, finding that it met the criteria for approval under the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The Commission also noted that the agreement provided for a dispute resolution process that was fair and accessible to 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