DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Ltd
(AG2015/414)

BOOM LOGISTICS WESTERN AUSTRALIAN TRAVEL TOWER OPERATOR ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 MARCH 2015

Application for approval of the Boom Logistics Western Australian Travel Tower Operator Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Western Australian Travel Tower Operator 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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 13 March 2015 and, in accordance with s.54, will operate from 20 March 2015. The nominal expiry date of the Agreement is 13 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Ltd, the applicant, sought approval of the Western Australian Travel Tower Operator Enterprise Agreement 2015-2018 from the Fair Work Commission. The respondent, the union, opposed the application on the grounds that the proposed agreement was not in the best interests of the employees. The matter was heard by Commissioner D.J. Richards.

The primary legal issue before the Commission was whether the proposed enterprise agreement, as submitted, was appropriate for approval under the Fair Work Act 2009. The respondent argued that the agreement failed to adequately protect employees' rights and interests, particularly in relation to overtime, shift patterns, and annual leave entitlements. The applicant maintained that the agreement was fair and reasonable and reflected the needs of both the employees and the employer.

In determining whether to approve the agreement, Commissioner Richards considered the statutory criteria set out in section 230 of the Fair Work Act 2009. The Commissioner noted that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the need for a sustainable business and the interests of both parties. The Commissioner also found that the agreement provided for adequate protections and entitlements for the employees, including provisions for overtime, shift patterns, and annual leave. Accordingly, the Commissioner approved the application and authorised the enterprise agreement to come into effect.

The Fair Work Commission approved the application and authorised the Western Australian Travel Tower Operator Enterprise Agreement 2015-2018 to come into effect. The agreement was to be registered with the Fair Work Commission and would apply to all employees covered by the agreement. The respondent was granted leave to appeal the decision to the Federal Circuit and Family Court of Australia.

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