Boom Logistics Ltd T/A Boom Logistics

[2021] FWCA 7016

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Ltd T/A Boom Logistics
(AG2021/8456)

BOOM LOGISTICS LTD HUNTER VALLEY WORKSHOP ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 8 DECEMBER 2021

Application for approval of the Boom Logistics Ltd Hunter Valley Workshop Enterprise Agreement 2021-2024.

[1] Boom Logistics Ltd T/A Boom Logistics (the Employer) has applied for approval of an enterprise agreement known as the Boom Logistics Ltd Hunter Valley Workshop Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representative regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2021. The nominal expiry date of the Agreement is 1 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Boom Logistics Ltd, trading as Boom Logistics, applied for approval of the Boom Logistics Ltd Hunter Valley Workshop Enterprise Agreement 2021-2024. The dispute involved the proposed enterprise agreement between Boom Logistics and its employees, represented by the Transport Workers Union. The application was heard in the Fair Work Commission, which is responsible for the approval and registration of enterprise agreements under the Fair Work Act 2009.

The primary legal issues the court needed to determine were whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the mandatory bargaining requirements and the terms and conditions of employment. The court also had to assess whether the agreement met the "better off overall test," ensuring that the employees would not be worse off financially as a result of the agreement.

The Fair Work Commission examined the negotiation process and the content of the proposed agreement. It considered whether the agreement had been genuinely negotiated and whether the terms were fair and reasonable. The Commission determined that the negotiation process had been conducted in good faith and that the terms of the agreement were fair and reasonable. The Commission concluded that the agreement met the better off overall test and approved the application for registration.

As a result of the court's decision, the Boom Logistics Ltd Hunter Valley Workshop Enterprise Agreement 2021-2024 was approved and registered under the Fair Work Act. The agreement now governs the employment terms and conditions for the employees of Boom Logistics in the Hunter Valley region for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established