DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6659)

BOOM LOGISTICS LTD (SINGLETON 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 (Singleton Depot)/ CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Ltd (Singleton 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Boom Logistics Ltd (Singleton Depot)/CFMEU Collective Agreement 2018. The application was heard in the Fair Work Commission (FWC). The dispute concerned the terms and conditions of employment for workers at Boom Logistics' Singleton Depot. The FWC was required to decide whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was appropriate to approve it.

The key legal issue before the FWC was whether the collective agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This involved assessing whether the agreement was genuinely negotiated and whether it contained provisions that were in the best interests of the employees. The FWC examined the negotiation process, the contents of the agreement, and the impact on the employees' terms and conditions of employment. The FWC also needed to determine if any of the agreement's provisions contravened the "better off overall test" (BOOT) or other statutory provisions.

In its decision, the FWC found that the agreement was genuinely negotiated and contained provisions that were in the best interests of the employees. The FWC noted that the negotiation process was conducted in good faith and that the agreement included various benefits for the employees, such as improved wages and working conditions. The FWC concluded that the agreement met the statutory requirements and was appropriate for approval. The FWC found that all provisions of the agreement complied with the BOOT and did not contravene any other statutory provisions.

As a result, the FWC approved the Boom Logistics Ltd (Singleton Depot)/CFMEU Collective Agreement 2018. The approval means that the terms and conditions set out in the agreement will apply to the employees at the Singleton Depot, provided the agreement remains in force. The decision reinforces the importance of genuine negotiation and the consideration of employees' best interests in collective bargaining processes.

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