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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boom Logistics Projects Pty Ltd T/A Boom Projects recently applied to the Fair Work Commission for approval of the Boom Logistics Projects Pty Ltd Enterprise Agreement 2020-2024. The application arose from negotiations between the company and its employees, seeking to formalise various terms and conditions of employment. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court involved assessing whether the agreement contained the necessary "protected action" provisions, ensuring it complied with the minimum entitlements outlined in the Fair Work Act, and confirming that the agreement was made in good faith and without coercion. Additionally, the court had to determine if the agreement appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the Fair Work Commission examined the terms of the agreement and the process by which it was negotiated. The court found that the agreement included all required provisions and met the statutory minimum entitlements. It also concluded that the agreement was made in good faith and without any evidence of coercion. Consequently, the Commission approved the enterprise agreement, acknowledging its fairness and compliance with the relevant legislation.

The final orders of the Fair Work Commission were that the Boom Logistics Projects Pty Ltd Enterprise Agreement 2020-2024 be approved, effective from the date of the decision. This decision ensures that the terms of the agreement are legally binding and enforceable, providing a stable framework for employment relations between the company and its employees.

Boom Logistics Projects Pty Ltd T/A Boom Projects

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established