Boom Logistics Ltd
[2022] FWCA 1924
•14 JUNE 2022
| [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
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