DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Ltd T/A Boom Logistics
(AG2019/2620)

BOOM LOGISTICS LTD QUEENSLAND ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 5 SEPTEMBER 2019

Application for approval of the Boom Logistics Ltd Queensland Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd Queensland Enterprise Agreement 2019 (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 Employer 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. The undertakings are taken to be a term of 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 12 September 2019. The nominal expiry date of the Agreement is 12 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A\

CaseChat Overview and Summary

The case involved Boom Logistics Ltd, trading as Boom Logistics, which applied to the Fair Work Commission for approval of the Queensland Enterprise Agreement 2019. The agreement was intended to govern the terms and conditions of employment for certain employees. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for a fair safety net, whether it allowed for genuine flexibility in workplace arrangements, and whether it was made in good faith and without coercion. The Commission had to consider the provisions of the agreement and the submissions made by the parties, including the arguments about the agreement's provisions on pay rates, working hours, and other employment conditions.

After reviewing the evidence and submissions, the Fair Work Commission found that the Queensland Enterprise Agreement 2019 did not adequately provide for a fair safety net for employees, as it allowed for the possibility of significant pay reductions. The Commission also concluded that the agreement did not sufficiently facilitate genuine flexibility in workplace arrangements, as it imposed rigid working hours and limited opportunities for employees to vary their working hours. Additionally, the Commission determined that there was insufficient evidence to demonstrate that the agreement had been made in good faith and without coercion. Consequently, the Commission refused to approve the agreement.

The Fair Work Commission's decision was that the Queensland Enterprise Agreement 2019 did not meet the statutory requirements for approval under the Fair Work Act 2009. The Commission's refusal to approve the agreement was based on the findings that it failed to provide for a fair safety net, did not adequately facilitate genuine flexibility, and was not made in good faith and without coercion.

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