Bunnings Group Limited
[2025] FWCA 637
•19 FEBRUARY 2025
| [2025] FWCA 637 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bunnings Group Limited
(AG2024/5184)
BUNNINGS WACOL ENTERPRISE AGREEMENT 2024
| Timber and paper products industry | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 19 FEBRUARY 2025 |
Application for approval of the Bunnings Wacol Enterprise Agreement 2024
Introduction
Bunnings Group Limited (the Employer) has made an application for approval of an enterprise agreement known as the Bunnings Wacol 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 24 October 2024 and the Agreement was made on 19 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
Regulation 2.06 Requirements
The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.
Model Flexibility Term
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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. In my consideration of whether the Agreement meets the Better Off Overall Test as per s.186(2)(d), I note that I have reached the requisite state of satisfaction specifically on the bases relied upon by the Employer as identified in their submissions as to the reasonably foreseeable and current workforce and roster patterns.
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 2028.
DEPUTY PRESIDENT
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