| [2016] FWCA 2928 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Boom Logistics Ltd T/A Boom Logistics
(AG2016/678)
BOOM LOGISTICS LTD MACKAY AND NEBO ENTERPRISE AGREEMENT 2016
Building, metal and civil construction industries | |
COMMISSIONER GREGORY | MELBOURNE, 11 MAY 2016 |
Application for approval of the Boom Logistics Ltd Mackay and Nebo Enterprise Agreement 2016.
[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd Mackay and Nebo 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 T/A Boom Logistics Ltd. 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 18 May 2016. The nominal expiry date of the Agreement is 18 May 2018.
COMMISSIONER
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Annexure A
- AGLC
- Boom Logistics Ltd T/A Boom Logistics [2016] FWCA 2928
- Case
- [2016] FWCA 2928
- Decision Date
CaseChat Overview and Summary
The applicant contended that the agreement was a good faith attempt to bargain, that it had been negotiated in good faith, and that the agreement met the requirements for registration as a single interest employer agreement. The applicant also argued that the agreement provided for a fair and reasonable balance of employee and employer interests, and that it complied with the high-level standards established in the Act. The applicant submitted that the agreement was fair and reasonable, and that it should be approved by the Fair Work Commission.
The Fair Work Commission found that the agreement met the requirements for registration and was fair and reasonable. The Commission found that the agreement was a good faith attempt to bargain, that it had been negotiated in good faith, and that it met the requirements for registration as a single interest employer agreement. The Commission also found that the agreement provided for a fair and reasonable balance of employee and employer interests, and that it complied with the high-level standards established in the Act. The Commission concluded that the agreement was fair and reasonable, and approved the agreement under section 232 of the Act.
The Fair Work Commission approved the Boom Logistics Ltd Mackay and Nebo Enterprise Agreement 2016, and registered it under section 186 of the Fair Work Act 2009. The applicant's application for approval of the agreement was approved, and the agreement was registered as a single interest employer agreement. The Fair Work Commission's decision was based on its finding that the agreement was a good faith attempt to bargain, that it had been negotiated in good faith, and that it met the requirements for registration as a single interest employer agreement. The Commission also found that the agreement provided for a fair and reasonable balance of employee and employer interests, and that it complied with the high-level standards established in the Act.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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