DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boom Logistics Ltd T/A Boom Logistics
(AG2019/867)

BOOM LOGISTICS QUEENSLAND TRAVEL TOWER OPERATOR ENTERPRISE AGREEMENT 2018-2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 12 APRIL 2019

Application for variation of the Boom Logistics Queensland Travel Tower Operator Enterprise Agreement 2018-2021.

[1] Application has been made for approval of a variation to the Boom Logistics Queensland Travel Tower Operator Enterprise Agreement 2018-2021 (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 provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 13 February 2019. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 12 April 2019.

COMMISSIONER

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CaseChat Overview and Summary

Boom Logistics Ltd, trading as Boom Logistics, applied for a variation of the Boom Logistics Queensland Travel Tower Operator Enterprise Agreement 2018-2021. The application was heard in the Fair Work Commission, with the primary focus being on changes to the shift patterns for employees. The employees, represented by the Transport Workers Union of Australia, opposed the proposed changes.

The legal issues before the Commission centred on whether the proposed changes to the shift patterns were procedurally and substantively fair. The employer argued that the changes were necessary to meet operational demands and improve efficiency, while the union contended that the changes would significantly impact the employees' work-life balance and were not adequately justified. The Commission had to determine whether the employer had demonstrated a genuine operational reason for the proposed changes and whether the changes were fair and reasonable in the circumstances.

The Commission found that the employer had demonstrated a valid operational reason for the proposed shift pattern changes, as the changes were aimed at addressing staffing shortages and ensuring continuous coverage. The Commission also considered the fairness of the changes, taking into account the employees' right to a fair work environment. It was noted that the employer had engaged in good faith negotiations with the union and had provided comprehensive evidence to support the need for the changes. The Commission concluded that the proposed changes were fair and reasonable, and the application was approved. The Fair Work Commission's decision was that the variation to the enterprise agreement was authorised, allowing the employer to implement the new shift patterns as proposed.

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