Boom Logistics Ltd Summary

[2014] FWCA 149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Ltd
(AG2013/10107)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 JANUARY 2014

Application for approval of the Boom Logistics Ltd Crane Operators (South West) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd Crane Operators (South West) Enterprise Agreement 2013 (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 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 7 January 2014 and, in accordance with s.54, will operate from 14 January 2014. The nominal expiry date of the Agreement is 7 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Ltd was involved in an application before the Fair Work Commission for the approval of the Boom Logistics Ltd Crane Operators (South West) Enterprise Agreement 2013. The applicant, Boom Logistics Ltd, sought to have the proposed enterprise agreement registered under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for crane operators within the South West region of Australia.

The primary legal issue the Commission had to address was whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act 2009. This included ensuring the agreement had been made in good faith, had been negotiated genuinely, and satisfied the 'better off overall test'. The Commission also needed to determine if the agreement was free from prohibited content, such as clauses that might undermine the operation of the safety net of minimum entitlements.

The Commission found that the agreement had been negotiated in good faith and met the necessary procedural requirements. It also concluded that the agreement was free from prohibited content and satisfied the 'better off overall test'. The terms and conditions provided under the agreement were deemed to be fair and reasonable, providing better overall conditions for the employees than those provided by the applicable award. Consequently, the Commission approved the enterprise agreement, allowing it to be registered and enforced.

The Fair Work Commission approved the Boom Logistics Ltd Crane Operators (South West) Enterprise Agreement 2013, determining that it met all legal requirements and provided fair and reasonable conditions for the employees. The agreement was registered and became enforceable under the Fair Work Act 2009.

Boom Logistics Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established