Boom Logistics Ltd Summary

[2022] FWCA 1226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boom Logistics Ltd

(AG2022/925)

Boom Logistics Limited (Port Kembla Depot) / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 7 APRIL 2022

Application for the approval of the Boom Logistics Limited (Port Kembla Depot)/CFMEU Collective Agreement 2022-2025.

Boom Logistics Ltd has applied for approval of a single enterprise agreement known as the Boom Logistics Limited (Port Kembla Depot)/CFMEU Collective Agreement 2022-2025 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 14 April 2022. The nominal expiry date of the Agreement is 31 December 2025.

The Agreement covers the Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the case of Boom Logistics Ltd, the Fair Work Commission was presented with an application for the approval of the collective agreement between Boom Logistics Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). This application pertains to the Port Kembla Depot for the period spanning 2022 to 2025. The legal issues at hand primarily revolved around whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it adequately addressed the terms and conditions of employment for the relevant employees. The Commission needed to determine if the agreement contained any provisions that could be considered unfair, and if the bargaining process was conducted in good faith and covered a sufficient proportion of the workforce.

The Commission thoroughly examined the terms of the agreement, considering the fairness and reasonableness of the provisions, as well as the adequacy of the consultation process. The Commission also assessed whether the agreement contained any provisions that were contrary to public policy or that failed to comply with the statutory minimum standards. The Commission considered the evidence presented regarding the extent of the union's representation and the willingness of the parties to engage in genuine bargaining. After its review, the Commission found that the agreement was fair and reasonable, and that it met the statutory requirements for approval. The Commission was satisfied that the agreement was the product of genuine bargaining and that it appropriately reflected the terms and conditions of employment for the relevant employees.

Following its analysis, the Commission approved the collective agreement between Boom Logistics Limited and the CFMEU for the Port Kembla Depot for the period 2022 to 2025. The agreement was deemed to be fair and reasonable and in compliance with the Fair Work Act 2009. The Commission's decision was based on the evidence presented and its determination that the agreement met the necessary criteria for approval. This decision provides certainty and stability for the parties and their employees, ensuring that the terms and conditions of employment are appropriately governed by a collective agreement.

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