Boom Logistics Ltd

[2022] FWCA 2479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boom Logistics Ltd

(AG2022/2264)

Boom Logistics Ltd Queensland Travel Tower Operator Enterprise Agreement 2022-2026

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 22 JULY 2022

Application for approval of the Boom Logistics Ltd Queensland Travel Tower Operator Enterprise Agreement 2022-2026

Boom Logistics Limited (the Employer) has made an application for approval of an enterprise agreement known as the Boom Logistics Ltd Queensland Travel Tower Operator Enterprise Agreement 2022-2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement

Sections 186, 187 and 188

Subject to the undertakings referred to above, 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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2022. The nominal expiry date of the Agreement is 29 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boom Logistics Ltd applied to the Fair Work Commission for approval of the Queensland Travel Tower Operator Enterprise Agreement 2022-2026. The application was made under section 233 of the Fair Work Act 2009. The agreement was negotiated between the employer, Boom Logistics Ltd, and the union, Australian Services Union Queensland Metro Branch, acting on behalf of the employees, Queensland travel tower operators. The union did not oppose the application, but the Fair Work Ombudsman contested the application on the basis that the agreement was not in the best interests of the employees.

The legal issues for the Commission to decide were whether the agreement met the 'better off overall test' and whether it complied with the requirements of the Fair Work Act. The better off overall test required the Commission to consider whether the employees would be better off overall with the proposed agreement than they would be if the agreement had not been made. The Commission also needed to determine whether the agreement complied with the relevant provisions of the Fair Work Act, including provisions relating to minimum entitlements, individual flexibility arrangements, and the requirement for the agreement to be in writing.

The Commission found that the agreement was in the best interests of the employees, as it provided for a range of improvements to the employees' conditions of employment, including pay increases, additional leave entitlements, and improved shift patterns. The Commission noted that the agreement provided for a 2% increase in pay each year over the four-year period, as well as additional leave entitlements for shift work and public holidays. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act. The Commission approved the application for registration of the agreement, and the Queensland Travel Tower Operator Enterprise Agreement 2022-2026 is now a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established