Boom Logistics (Vic) Pty Ltd

[2025] FWCA 1432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boom Logistics (Vic) Pty Ltd

(AG2025/1147)

BOOM LOGISTICS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 1 MAY 2025

Application for approval of the BOOM LOGISTICS (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the BOOM LOGISTICS (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boom Logistics (Vic) 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 Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The 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 1 May 2025 and, in accordance with s.54 of the Act, will operate from Thursday 8 May 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Boom Logistics (Vic) Pty Ltd, a mobile crane hire company, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represents workers in the mobile crane hiring industry. The dispute centred around the proposed Enterprise Agreement for the period 2024-2027. The union sought approval for the agreement, which outlined terms and conditions for the workforce, while Boom Logistics questioned certain aspects of the agreement, arguing they were not in the best interests of the company and its employees. The matter was heard by the Fair Work Commission, which had the authority to approve or reject the agreement.

The key legal issues the Commission needed to address were whether the proposed agreement was fair and reasonable, and whether it complied with all statutory requirements. Specifically, the Commission had to determine if the agreement met the "better off overall test" (BOOT), ensuring that no party was worse off financially, and whether it contained provisions that were contrary to public policy or detrimental to industrial relations. Additionally, the Commission had to consider if the agreement was properly negotiated and if it adhered to the Fair Work Act's provisions.

In delivering its decision, the Commission first examined the negotiation process and found that the agreement had been properly negotiated between the parties. It then assessed the financial implications of the agreement, concluding that the proposed terms were fair and reasonable, meeting the BOOT. The Commission also reviewed the agreement's provisions and found that they did not contravene any public policy or industrial relations principles. Consequently, the Commission approved the agreement, finding that it was in the best interests of the employees and the employer.

The final orders of the Commission included the approval of the Enterprise Agreement between Boom Logistics (Vic) Pty Ltd and the CFMEU for the period 2024-2027. The agreement, which outlines the terms and conditions of employment for workers in the mobile crane hiring industry, was deemed to be fair, reasonable, and compliant with all statutory requirements. The Commission's approval ensures that the agreement will govern the employment relationship between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established