DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Ltd t/a Boom Logistics
(AG2016/4023)

BOOM LOGISTICS LTD QUEENSLAND ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 AUGUST 2016

Application for approval of the Boom Logistics Ltd Queensland Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd Queensland Enterprise Agreement 2016 (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] The Applicant 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.

[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 23 August 2016. The nominal expiry date of the Agreement is 15 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boom Logistics Ltd, trading as Boom Logistics, was before the court in relation to the approval of the Boom Logistics Ltd Queensland Enterprise Agreement 2016. The application for approval was made under section 188 of the Fair Work Act 2009 by the employer, Boom Logistics Ltd. The dispute centred around the terms of the proposed enterprise agreement which needed to be assessed for its compliance with the provisions of the Act and the Fair Work Regulations 2009.

The primary legal issues the court needed to determine were whether the agreement met the requirements of the Fair Work Act, specifically concerning the provisions for employee representation, dispute resolution, and the overall fairness of the terms. The court also had to consider whether the agreement provided a safety net for employees that was not less favourable than the relevant national workplace determination and if it adhered to the prescribed procedural steps for its approval.

The court examined the procedural validity of the agreement, ensuring that all necessary steps were followed in its creation, including the appropriate consultation with employees and their representatives. The court also evaluated the substantive fairness of the agreement, assessing whether it provided adequate protections and benefits to the employees. After thorough consideration, the court found that the agreement complied with all legal requirements and was fair and reasonable. Consequently, the court approved the agreement, ensuring it would now serve as a binding contract between the employer and the employees covered by its terms.

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