DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sherrin Hire Pty Ltd (a wholly owned subsidiary of Boom Logistics Ltd)
(AG2015/1019)

BOOM LOGISTICS VICTORIA TRAVEL TOWER OPERATOR ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 MAY 2015

Application for approval of the Boom Logistics Victoria Travel Tower Operator Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Victoria Travel Tower Operator Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sherrin Hire Pty Ltd (a wholly owned subsidiary of Boom Logistics Ltd). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, 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, will operate from 19 May 2015. The nominal expiry date of the Agreement is 11 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Sherrin Hire Pty Ltd, a wholly owned subsidiary of Boom Logistics Ltd, which sought approval of the Boom Logistics Victoria Travel Tower Operator Enterprise Agreement 2015-2018. The application was heard in the Fair Work Commission, with the employer and several trade unions opposing the approval. The dispute centred on various aspects of the proposed enterprise agreement, including the classification of employees, wage rates, and the scope of the agreement's application.

The legal issues before the court encompassed the validity of the classification of employees under the proposed agreement, the fairness of the wage rates proposed, and whether the agreement appropriately balanced the interests of the employer and the employees. Additionally, the court had to consider whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for being a "single, integrated agreement." The unions argued that the proposed agreement did not adequately represent the interests of the employees and that certain provisions were unfair.

In its decision, the Fair Work Commission examined the evidence presented by both the employer and the unions. The Commission found that the classification of employees and the wage rates proposed were fair and reasonable. It also determined that the agreement appropriately balanced the interests of the employer and the employees and complied with the Fair Work Act. Furthermore, the Commission held that the agreement met the requirements for being a "single, integrated agreement." Consequently, the court approved the Boom Logistics Victoria Travel Tower Operator Enterprise Agreement 2015-2018.

Sherrin Hire Pty Ltd (a wholly owned subsidiary of Boom Logistics Ltd)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established