DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Ltd
(AG2019/3262)

BOOM LOGISTICS VICTORIA TRAVEL TOWER OPERATOR ENTERPRISE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 19 SEPTEMBER 2019

Application for approval of the Boom Logistics Victoria Travel Tower Operator Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Victoria Travel Tower Operator Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boom Logistics Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2019. The nominal expiry date of the Agreement is 19 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boom Logistics Ltd was the applicant in this case, seeking approval of the Boom Logistics Victoria Travel Tower Operator Enterprise Agreement 2019 - 2022. The dispute arose under the Fair Work Act 2009, specifically concerning the application for approval of an enterprise agreement. The Fair Work Commission heard the application. The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements of section 232 of the Fair Work Act, including whether it provided for the fair and efficient determination of terms and conditions of employment and whether it was in the public interest. Additionally, the Commission had to consider if the agreement was free from any prohibited content and if it adhered to the relevant provisions of the Act.

The Commission examined the agreement's provisions, focusing on whether it was fair and efficient in determining the terms and conditions of employment. The Commission considered whether the agreement provided adequate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also assessed whether the agreement met the public interest test by considering its impact on the broader economy, industrial relations, and the rights of employees. After thorough consideration, the Commission determined that the agreement met the requirements of the Act and was in the public interest. The Commission found that the agreement provided fair and efficient terms and conditions for employees and did not contain any prohibited content.

The Fair Work Commission approved the Boom Logistics Victoria Travel Tower Operator Enterprise Agreement 2019 - 2022, finding that it met the requirements of the Fair Work Act and was in the public interest. The Commission's decision provided clarity on the legal requirements for approving enterprise agreements and ensured that the agreement provided fair and efficient terms and conditions for employees. The approval of the agreement allowed for the continued operation of Boom Logistics Ltd in Victoria, with a clear framework for the terms and conditions of employment for travel tower operators.

Boom Logistics Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established