The Fair Work Commission (FWC) has clarified its discretion to allow unions to participate in enterprise agreement approval proceedings—even when they haven’t been appointed as bargaining representatives.
This was highlighted in the recent case of Boom Logistics Projects Pty Ltd [2025] FWC 684, which provides useful insight into how the FWC is approaching third-party involvement in agreement approvals.
What Happened?
Boom Logistics applied to the FWC to have its enterprise agreement approved. Although the CFMEU was not a formal bargaining representative, it sought to be heard under section 590(1) of the Fair Work Act 2009, arguing that it had concerns about legal compliance and that it could assist the FWC in evaluating the agreement.
Boom Logistics opposed this move, stating the union had no standing. But Deputy President O’Keeffe ultimately allowed the CFMEU to participate, highlighting several reasons why it was appropriate in this case.
Why the Union Was Allowed In
- Discretion under section 590(1): The FWC has the power to hear from anyone it believes may assist in performing its statutory functions. This includes ensuring enterprise agreements meet approval requirements.
- The role of a ‘contradictor’: Even when not involved in bargaining, unions may help surface compliance issues. This approach has previously helped expose flaws in cases like Rigsafe WA and Workforce Logistics.
- Protecting employee rights: Once approved, enterprise agreements can override other entitlements. The FWC must be confident that agreements meet legal thresholds, and extra scrutiny can help with that.
Why This Matters for Balloting and Compliance
Although the union wasn’t part of the voting or bargaining process, the FWC’s decision shows that the approval stage still allows room for critical review. This is especially relevant for ballot service providers and employers navigating post-vote scrutiny.
Even a clean, compliant ballot result may be subject to further review if procedural concerns arise. This highlights the importance of accurate employee communication, lawful representation processes, and well-documented consultation.
Final Thoughts
The Boom Logistics decision is a timely reminder: approval processes involve more than vote counting. They’re about ensuring enterprise agreements are sound, representative, and lawfully made.
Ballot integrity and procedural compliance remain crucial—especially as unions can step in late in the process and ask to be heard. For employers and those managing ballots, it’s another reason to double-check the foundations of your enterprise agreement process.
At IRBLOTS, we specialise in delivering secure, transparent, and compliant enterprise agreement ballots. If you’re preparing for a vote or want to strengthen your processes ahead of approval, our team is here to help.
Contact us to learn how we can support your next agreement.
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