Boom Logistics Projects Pty Ltd T/A Boom Projects

[2020] FWCA 5221

[2020] FWCA 5221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boom Logistics Projects Pty Ltd T/A Boom Projects
(AG2020/2535)

BOOM LOGISTICS PROJECTS PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 SEPTEMBER 2020

Application for approval of the Boom Logistics Projects Pty Ltd Enterprise Agreement 2020 - 2024.

[1] Boom Logistics Projects Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Boom Logistics Projects Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Form F16 nominated Craig Peoples, Jamie Rossborough, James Cameron, Joshua Casa and Scott Toohey as employee bargaining representatives for the Agreement. Craig Peoples, Jamie Rossborough, James Cameron and Joshua Casa each lodged a Form F18A statutory declaration in support of the approval of the Agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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.

[5] I observe that clauses 4.4(2), 5.1(3), 10.7(3), 11.4(1) and 11.5(2) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.2(2) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 29 September 2020 and, in accordance with s 54, will operate from 6 October 2020. The nominal expiry date of the Agreement is 29 September 2024.

DEPUTY PRESIDENT

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Annexure A