DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boom Logistics Ltd T/A Boom Logistics
(AG2017/5103)

BOOM LOGISTICS VICTORIA TRAVEL TOWER OPERATOR ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 DECEMBER 2017

Application for variation of the Boom Logistics Victoria Travel Tower Operator Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of a variation to the Boom Logistics Victoria Travel Tower Operator Enterprise Agreement 2015 - 2018 (the Agreement). The application was made by Boom Logistics Ltd T/A Boom Logistics pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 14 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Limited, trading as Boom Logistics, made an application to the Fair Work Commission (FWC) for a variation of the Boom Logistics Victoria Travel Tower Operator Enterprise Agreement 2015–2018. The dispute centred on the terms and conditions of employment for the workers represented by the agreement. The application sought to alter various provisions, including wages, hours of work, and leave entitlements.

The legal issues before the FWC included whether the proposed variations met the criteria for an extension of the agreement, as stipulated under the Fair Work Act 2009. The Commission had to consider the necessity and fairness of the changes, taking into account the interests of both the employer and the employees. Additionally, the FWC needed to ensure that the changes did not undermine the fundamental rights of the employees and that the application process adhered to the relevant provisions of the Fair Work Act.

In its decision, the FWC found that the proposed variations were necessary to address current economic and operational challenges faced by Boom Logistics. The Commission concluded that the changes were fair and reasonable, given the context of the business environment and the need for flexibility in the workforce. The variations were deemed to maintain or improve the overall terms and conditions of employment, ensuring they did not adversely affect the employees' rights. Consequently, the FWC approved the application, and the variations were incorporated into the existing enterprise agreement.

The final orders included the approval of the variations to the Boom Logistics Victoria Travel Tower Operator Enterprise Agreement 2015–2018, effective from the date of the decision. The new terms were to be communicated to all affected employees and implemented accordingly.

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