Bunnings Group Limited

[2013] FWCA 6072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunnings Group Limited
(AG2013/2402)

BUNNINGS AND CFMEU FRAME AND TRUSS HALLAM COLLECTIVE AGREEMENT 2013

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 23 AUGUST 2013

Application for approval of the Bunnings and CFMEU Frame and Truss Hallam Collective Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Bunnings and CFMEU Frame and Truss Hallam Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bunnings Group Limited.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Construction, Forestry, Mining and Energy Union, being the 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 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 30 August 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bunnings Group Limited applied for approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) regarding Frame and Truss workers at Hallam. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. The central legal issue was whether the agreement was a "good faith" bargain and whether it complied with the relevant provisions of the Act.

The FWC examined the process by which the agreement was reached, including whether both parties engaged in genuine bargaining and whether the agreement contained provisions that were fair and reasonable. The court looked into whether the agreement included provisions that were not in the best interests of the employees and whether it contained any clauses that might be considered contrary to public policy or otherwise unenforceable. After reviewing the evidence presented by both parties, the FWC concluded that the agreement was a genuine product of good faith bargaining and that it met the statutory requirements for approval.

The FWC found that the agreement was fair and reasonable, and it did not contain any clauses that were contrary to public policy or unenforceable. The court approved the collective agreement, highlighting the importance of genuine bargaining in the industrial relations system. The decision underscored the role of the FWC in ensuring that collective agreements are fair and in the best interests of both employers and employees. The FWC's approval of the agreement was based on a comprehensive assessment of the evidence and a careful consideration of the legal standards applicable to such agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established