Boom Logistics Ltd T/A Boom Logistics

[2018] FWCA 6789

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Boom Logistics Ltd T/A Boom Logistics

(AG2018/3178)

Boom Logistics Tasmanian Travel Tower Operators Enterprise Agreement - 2016-2019

Tasmania
Deputy President Gostencnik	MELBOURNE, 5 NOVEMBER 2018

Application for variation of the Boom Logistics Tasmanian Travel Tower Operators Enterprise Agreement - 2016-2019.

An application has been made for approval of a variation to the Boom Logistics Tasmanian Travel Tower Operators Enterprise Agreement - 2016-2019 (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).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.210 and 211 had not been met in relation to the application for approval of a Variation to the Agreement. The undertakings were accepted and the Varied Agreement was approved on 28 May 2018. Those undertakings form part of the Agreement as varied.

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

In accordance with s.216 of the Act, the variation operates from 5 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Ltd T/A Boom Logistics sought a variation to the existing enterprise agreement that governs the employment of its employees at the Tasmanian Travel Tower. The application was brought before the Fair Work Commission to consider the proposed changes to the existing agreement. The legal issues before the commission were whether the application met the statutory criteria for a variation, specifically whether the variation would promote simplification, efficiency, and flexibility, and whether the process followed was procedurally fair.

The commission first examined whether the application met the criteria for a variation as outlined in the Fair Work Act. The company argued that the proposed changes would streamline operations and improve efficiency. The commission assessed the evidence provided and considered the impact of the proposed changes on the employees. The commission also evaluated whether the process for seeking the variation was procedurally fair, ensuring that all parties had an opportunity to be heard. After thorough deliberation, the commission found that the application met the criteria for a variation and that the process followed was fair.

Consequently, the commission approved the variation to the enterprise agreement. The decision was based on the findings that the proposed changes would indeed promote simplification, efficiency, and flexibility in the operations of Boom Logistics, without disadvantaging the employees. The final orders of the commission mandated the implementation of the varied agreement, effective from a specified date, and outlined the terms of the new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established