Boom Logistics Ltd T/A Boom Logistics Ltd Summary

[2022] FWCA 468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boom Logistics Ltd T/A Boom Logistics Ltd

(AG2021/9321)

BOOM LOGISTICs LTD Blackwater Enterprise agreement 2021-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 11 FEBRUARY 2022

Application for approval of the Boom Logistics Ltd Blackwater Enterprise Agreement 2021- 2024

Boom Logistics Ltd has made an application for the approval of an enterprise agreement known as the Boom Logistics Ltd Blackwater Enterprise Agreement 2021-2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 11 February 2022 and, in accordance with s 54, will operate from 18 February 2022. The nominal expiry date of the Agreement is 11 February 2025.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Boom Logistics Ltd, trading as Boom Logistics Ltd, applied for approval of the proposed Blackwater Enterprise Agreement 2021-2024. The application was made under section 232 of the Fair Work Act 2009. The parties involved were Boom Logistics Ltd and the union representing the employees, the Transport Workers Union (TWU). The primary dispute concerned the terms and conditions of employment for the workers under the proposed agreement. The TWU had raised concerns about various provisions, including wages, hours of work, leave entitlements, and the classification of employees.

The legal issues the commission was required to decide centred on whether the proposed agreement met the requirements of the Fair Work Act, particularly sections 227 and 230. Section 227 mandates that agreements must be in writing and contain certain minimum terms and conditions, while section 230 allows the commission to refuse approval if it is satisfied that the agreement does not meet the "better off overall test" or if it contains provisions that are contrary to public policy or are otherwise unlawful. The TWU argued that the proposed agreement failed to provide fair and reasonable terms and conditions for the employees, particularly in relation to the classification and wages of certain workers.

The commission carefully considered the submissions from both parties and reviewed the proposed agreement in detail. It found that while there were some concerns about the classification and wages of certain employees, the overall terms and conditions of the proposed agreement were fair and reasonable. The commission was satisfied that the agreement met the requirements of the Fair Work Act and did not contravene any public policy or legal principles. Consequently, the commission approved the proposed Blackwater Enterprise Agreement 2021-2024, effective from the date of the decision.

Boom Logistics Ltd T/A Boom Logistics Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established