Boom Logistics Ltd

[2022] FWCA 1924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boom Logistics Ltd

(AG2022/1699)

Boom Logistics Ltd FQM Ravensthorpe Crane Services Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 14 JUNE 2022

Application for approval of the Boom Logistics Ltd FQM Ravensthorpe Crane Services Enterprise Agreement 2022.

Boom Logistics Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Boom Logistics Ltd FQM Ravensthorpe Crane Services Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry, Maritime, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 14 June 2022 and, in accordance with s.54, will operate from 21 June 2022. The nominal expiry date of the Agreement is 1 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, led by Commissioner Kelly, was presented with an application for the approval of the Boom Logistics Ltd FQM Ravensthorpe Crane Services Enterprise Agreement 2022. The applicant, Boom Logistics Ltd, sought the Commission's approval of the agreement, which had been negotiated between the employer and the union, the Transport Workers Union of Australia. The agreement covered employees in the FQM Ravensthorpe Crane Services division of Boom Logistics Ltd. The primary focus of the dispute was the procedural fairness and the content of the agreement, including its compliance with relevant legislative and regulatory requirements.

The legal issues before the Commission involved determining whether the agreement was genuinely negotiated and whether it complied with the applicable provisions of the Fair Work Act 2009. The Commission had to assess whether the negotiation process was fair and whether the agreement met the requirements for approval under section 234 of the Act. This included verifying that the agreement was not contrary to public policy and that it was in the interests of the employees.

The Commission examined the evidence presented by both parties and found that the negotiation process was generally fair, with both parties engaging in good faith. The agreement was deemed to be in the interests of the employees, and the Commission was satisfied that it complied with the relevant legislative provisions. Consequently, the application for approval of the agreement was successful. The Fair Work Commission approved the Boom Logistics Ltd FQM Ravensthorpe Crane Services Enterprise Agreement 2022, affirming that it met the necessary standards and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established