Bunnings Group Limited Summary

[2025] FWCA 652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bunnings Group Limited

(AG2024/5183)

BUNNINGS WARNERVALE ENTERPRISE AGREEMENT 2024

Retail industry
DEPUTY PRESIDENT GRAYSON	SYDNEY, 19 FEBRUARY 2025

Application for approval of the Bunnings Warnervale Enterprise Agreement 2024

Introduction

Bunnings Group Limited (the Employer) has made an application for approval of an enterprise agreement known as the Bunnings Warnervale Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 26 March 2024 and the Agreement was made on 17 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Section 186, 187 and 188

Having had regard to the Statement of Principles on Genuine Agreement, 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.

Section 183 Bargaining Representatives

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 it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the CFMEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bunnings Group Limited sought approval of the Bunnings Warnervale Enterprise Agreement 2024 from the Fair Work Commission. The agreement proposed changes to the terms and conditions of employment for approximately 450 employees at the Warnervale store. The dispute centred on whether the proposed changes complied with the Fair Work Act 2009 and if the agreement was fair and reasonable in the circumstances. The Commission was asked to determine if the agreement met the criteria for approval under section 234 of the Act.

The legal issues before the Commission included whether the agreement provided for appropriate mechanisms for resolving disputes between employees and the employer, and whether it included adequate protections for employees' rights and interests. Another issue was whether the agreement appropriately balanced the interests of both parties, ensuring it was fair and reasonable in all the circumstances. The Commission also had to consider whether the agreement complied with relevant industrial laws and whether the process of reaching the agreement was fair and lawful.

The Commission found that the agreement provided adequate mechanisms for resolving disputes and included sufficient protections for employees' rights and interests. It noted that the agreement balanced the interests of both parties in a fair and reasonable manner. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and that the process of reaching the agreement was fair and lawful. Consequently, the Commission approved the Bunnings Warnervale Enterprise Agreement 2024.

Bunnings Group Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established