Boom Logistics Ltd T/A Boom Logistics Ltd Summary

[2022] FWCA 480

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

The matter before the Fair Work Commission involved Boom Logistics Ltd, trading as Boom Logistics Ltd, seeking approval of the Blackwater Enterprise Agreement 2021-2024. The dispute centred on the procedural fairness and validity of the agreement as negotiated between the employer and the relevant union. The Commission had to determine if the agreement was appropriately formed and if it complied with the relevant provisions of the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the union had genuinely represented the employees in the negotiation process, if the agreement was made in good faith, and whether the necessary procedural steps were followed in accordance with the Act. A key point of contention was whether the union had properly certified the agreement, which is a crucial step in the enterprise bargaining process.

In delivering its decision, the Commission examined the evidence provided regarding the negotiation process and the union's representation of the employees. It assessed whether the union had followed the necessary procedures in certifying the agreement and whether the agreement was made in good faith. The Commission concluded that the union had genuinely represented the employees and that the agreement was made in good faith. Furthermore, the Commission found that the necessary procedural steps were followed, leading to the approval of the agreement.

The Commission approved the Boom Logistics Ltd Blackwater Enterprise Agreement 2021-2024, confirming that it met the legal requirements set out in the Fair Work Act 2009. The decision highlighted the importance of ensuring proper representation and adherence to procedural fairness in the enterprise bargaining process.

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