DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Ltd T/A Boom Logistics
(AG2018/2687)

BOOM LOGISTICS LTD HUNTER VALLEY WORKSHOP ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 19 SEPTEMBER 2018

Application for approval of the Boom Logistics Ltd Hunter Valley Workshop Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd Hunter Valley Workshop Enterprise Agreement 2018-2021 (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 T/A Boom Logistics. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2018. The nominal expiry date of the Agreement is 1 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boom Logistics Ltd T/A Boom Logistics applied for the approval of the Boom Logistics Ltd Hunter Valley Workshop Enterprise Agreement 2018-2021. The application was made under section 230 of the Fair Work Act 2009. The dispute concerned whether the agreement met the criteria for registration as a single-enterprise agreement, given the specific circumstances of the company’s operations and employee representation.

The court examined whether the agreement was genuinely a single-enterprise agreement and whether it met the procedural requirements under the Fair Work Act. Key issues included the representation of employees, the scope of the agreement, and whether the agreement was made in good faith and without coercion. The court considered submissions from both the applicant and the Fair Work Commission, which had made recommendations on the application.

After reviewing the submissions and evidence, the court found that the agreement was genuinely a single-enterprise agreement and that it met all procedural requirements. The court approved the agreement, noting the adequate representation of employees and the absence of any procedural flaws. The agreement was therefore registered as a single-enterprise agreement.

Boom Logistics Ltd T/A Boom Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established