Boom Logistics Projects Pty Ltd Summary

[2025] FWCA 3546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boom Logistics Projects Pty Ltd

(AG2025/3367)

BOOM LOGISTICS PROJECTS PTY LTD AND THE CFMEU (CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2025-2029

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 23 OCTOBER 2025

Application for approval of the Boom Logistics Projects Pty Ltd and the CFMEU (Construction and General Division) Enterprise Agreement 2025-2029.

An application has been made for approval of an enterprise agreement known as the Boom Logistics Projects Pty Ltd and the CFMEU (Construction and General Division) Enterprise Agreement 2025-2029 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Boom Logistics Projects Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Construction, Forestry and Maritime Employees Union (CFMEU), 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) I note that the Agreement covers the organisation.

The Agreement was approved on 23 October 2025 and, in accordance with s.54 of the Act, will operate from 30 October 2025. The nominal expiry date of the Agreement is 30 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Projects Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Construction and General Division). The agreement, which spans from 2025 to 2029, was subject to review under the Fair Work Act 2009. The legal issues before the commission involved assessing whether the agreement met the requirements for approval, including compliance with the good faith bargaining provisions, and whether it adhered to the relevant provisions of the Act, including provisions concerning minimum entitlements and the protection of employees' rights.

The commission began by examining the negotiation process to determine if the parties engaged in good faith bargaining. It reviewed the documentation and evidence provided by the parties to ascertain if the agreement was made in good faith and without coercion. The commission also evaluated the terms of the agreement against the Fair Work Act to ensure that it did not undermine minimum entitlements and provided adequate protections for employees. Special attention was given to provisions concerning wages, hours of work, and other employment conditions to ensure they complied with statutory minimum standards.

After thorough consideration, the Fair Work Commission approved the enterprise agreement, finding that the negotiation process was conducted in good faith and that the terms of the agreement were compliant with the Fair Work Act. The commission was satisfied that the agreement met the necessary criteria for approval and did not disadvantage employees. The commission's decision was based on a detailed analysis of the evidence provided and the legal framework governing enterprise agreements. The final orders confirmed the approval of the enterprise agreement, allowing it to be implemented from the specified commencement date.

Boom Logistics Projects Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established