DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6648)

BOOM LOGISTICS LTD (CARRINGTON DEPOT)/ CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 6 DECEMBER 2018

Application for approval of the Boom Logistics Ltd (Carrington Depot)/ CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd (Carrington Depot)/ CFMEU Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2018. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Boom Logistics Ltd. The dispute centred around the approval of a collective agreement for employees at the Carrington Depot. The case was heard by the Fair Work Commission of Australia. The legal issues at hand involved whether the proposed collective agreement met the necessary legal standards for approval, specifically under the Fair Work Act 2009. Key concerns included whether the agreement provided for fair terms and conditions of employment, and whether it complied with any relevant awards or registered agreements.

The Commission closely examined the terms of the collective agreement, focusing on whether it provided for fair and reasonable terms of employment, in line with the objectives of the Fair Work Act. The agreement was found to contain provisions that addressed various employment conditions, including wages, working hours, and leave entitlements. The Commission also considered whether the agreement complied with relevant awards and whether it contained any terms that might be considered unjust or oppressive. After careful analysis, the Commission determined that the agreement was fair and reasonable, and it granted approval for the collective agreement to be registered.

The Fair Work Commission approved the application for the registration of the Boom Logistics Ltd (Carrington Depot)/ CFMEU Collective Agreement 2018. The decision was based on the finding that the agreement provided fair terms and conditions of employment and complied with the relevant legal standards. The approval of this agreement ensures that the employees at the Carrington Depot are covered by a legally recognised collective agreement, which sets out their employment conditions.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established