Boom Logistics Ltd

[2013] FWCA 6960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Ltd
(AG2013/2701)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 13 SEPTEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd Crane Operators (North West) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 14 February 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Boom Logistics Ltd Crane Operators (North West) Enterprise Agreement 2013. The applicant, Boom Logistics Ltd, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The application arose following negotiations between the applicant and the union representing the crane operators, which led to the proposed agreement. The union opposed the application, citing concerns about the adequacy of the proposed terms and conditions, particularly in relation to pay rates, hours of work, and other employment conditions.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval as a registered enterprise agreement, including compliance with the procedural fairness provisions and the 'better off overall test'. The Commission had to determine whether the agreement provided for terms and conditions that were no worse than the relevant award or safety net award, and whether it was made in good faith. The union's arguments focused on the perceived inadequacy of the proposed terms in comparison to the existing award, as well as procedural irregularities in the bargaining process.

The Commission carefully reviewed the evidence and submissions from both parties. It found that the agreement was made in good faith and did not contravene the procedural fairness requirements. While acknowledging the union's concerns, the Commission determined that the proposed agreement provided for terms and conditions that were at least as good as, and in some respects better than, those provided by the relevant award. The Commission also found that the agreement met the 'better off overall test', as the benefits of the agreement, such as improved pay and conditions, outweighed any detriments. Consequently, the Commission approved the application and registered the agreement as a registered enterprise agreement.

The Fair Work Commission approved the application and registered the Boom Logistics Ltd Crane Operators (North West) Enterprise Agreement 2013 as a registered enterprise agreement. The union's objections were dismissed, and the agreement now governs the employment terms and conditions of the crane operators covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established