austlii:cth/FWCA/2026/193
General information, not legal advice.
FWCA
2026-01-30
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Boom Logistics Limited Trading AS Boom Logistics
Application for approval of the Boom Logistics Olympic Dam Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Boom Logistics Olympic Dam Agreement 2025 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Boom Logistics Limited Trading AS Boom Logistics (the Employer).
[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
[3] I note that Clauses 22.3(b), 23 and 20.1 of the Agreement may be inconsistent with the National Employment Standards_._ However, given the National Employment Standards precedence clause contained in Clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail in the event of any inconsistency.
[4] For the purpose of s.201(5) of the Act, I note that the Agreement will be the host employment instrument covered by the Boom Logistics Limited Regulated Labour Hire Arrangement Order [LH200032]
[5] The Construction, Forestry and Maritime Employees Union (CFMEU) being a bargaining representative for the Agreement has given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act we note that the Agreement covers this organisation.
[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 6 February 2026. The nominal expiry date of the Agreement is 30 January 2030.
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