Boom Logistics Ltd

[2022] FWCA 567

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boom Logistics Ltd

(AG2022/277)

Boom Logistics Ltd and CFMEU NSW Travel Tower and Mechanical Personnel Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 21 FEBRUARY 2022

Application for approval of the Boom Logistics Ltd and CFMEU NSW Travel Tower and Mechanical Personnel Enterprise Agreement 2021.

Boom Logistics Ltd has applied for approval of a single enterprise agreement known as the Boom Logistics Ltd and CFMEU NSW Travel Tower and Mechanical Personnel Enterprise Agreement 2021 (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 28 February 2022. The nominal expiry date of the Agreement is 31 December 2024.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Ltd, the applicant, sought approval of a proposed enterprise agreement under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the requirements for approval, particularly concerning the process followed in its creation and the rights and protections it afforded to employees. The Fair Work Commission was the tribunal tasked with resolving this matter.

The primary legal issue before the Commission was whether the proposed agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work Act. The applicant argued that the agreement was a product of genuine negotiations and provided fair terms for both employees and the employer. The Commission had to assess the negotiation process and determine if it was conducted in good faith, as well as examine whether the agreement provided adequate protections and benefits to the employees.

In evaluating the application, the Commission considered the evidence presented by both parties regarding the negotiation process. It was found that the agreement was the result of genuine negotiations, and the process adhered to the principles of good faith bargaining. The Commission also determined that the proposed agreement provided fair terms and conditions for the employees, including appropriate protections and benefits. Consequently, the Commission approved the proposed agreement, finding it to comply with the requirements of the Fair Work Act.

The Fair Work Commission approved the Boom Logistics Ltd and CFMEU NSW Travel Tower and Mechanical Personnel Enterprise Agreement 2021, recognising it as a product of genuine negotiations and compliant with the provisions of the Fair Work Act. The approval ensures that the agreement provides fair terms and conditions for employees, including adequate protections and benefits.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established