DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6652)

BOOM LOGISTICS LTD (PORT KEMBLA 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 (Port Kembla Depot)/CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd (Port Kembla 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

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CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Boom Logistics Ltd. The union sought approval of a collective agreement negotiated with the employer for the Port Kembla Depot. The application was heard in the Fair Work Commission (FWC). The central issue before the FWC was whether the collective agreement, which covered terms and conditions of employment for the depot's workers, complied with the Fair Work Act 2009 (Cth). The FWC had to examine if the agreement adhered to the legislative requirements and if it was fair and reasonable in terms of its impact on the employees and the employer.

The FWC assessed the agreement against the provisions of the Fair Work Act and the relevant principles of good faith bargaining and procedural fairness. The union argued that the agreement was the product of genuine collective bargaining and provided fair and reasonable terms for the employees. The employer supported the application, stating that the agreement was beneficial and necessary for the operational efficiency of the depot. The FWC found that the agreement was indeed a result of good faith bargaining and met all legal requirements. It concluded that the terms and conditions were fair and reasonable, taking into account the needs of both the employees and the employer.

Consequently, the FWC approved the collective agreement, affirming its compliance with the Fair Work Act. The agreement was deemed to provide appropriate protections and benefits for the employees, while also allowing the employer to maintain operational efficiency. This decision underscored the importance of collective bargaining in achieving fair outcomes for both parties. The FWC's approval of the agreement was a recognition of the union's and employer's commitment to fair and reasonable terms of employment.

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