DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunnings Group Limited
(AG2016/5055)

BUNNINGS PERTH DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the Bunnings Perth Distribution Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bunnings Perth Distribution Centre Enterprise Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Shop, Distributive and Allied Employees’ Association 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 organisation.

[4] The Agreement was approved on 12 September 2016 and, in accordance with s.54, will operate from 19 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bunnings Group Limited sought approval of the Bunnings Perth Distribution Centre Enterprise Agreement 2016, which was intended to govern the employment conditions of warehouse and transport employees in the Perth distribution centre. The Fair Work Commission (FWC) was the tribunal tasked with examining the agreement and deciding whether it should be approved.

The primary legal issues before the FWC involved assessing whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement facilitated a safe working environment, provided for fair terms and conditions, and adhered to the procedural requirements outlined in the Act. Furthermore, the FWC had to ensure that the agreement did not undermine the fundamental rights of employees, such as their right to bargain collectively and their protection against unfair dismissal.

In its decision, the FWC considered the evidence and submissions from both Bunnings and the relevant union. The Commission found that the agreement was fair and reasonable, taking into account the needs of the business and the rights of the employees. The FWC concluded that the agreement provided for adequate terms and conditions, a safe working environment, and appropriate procedural safeguards. The Commission also noted that the agreement did not undermine the fundamental rights of employees. Consequently, the FWC approved the agreement, finding it to be in compliance with the legislative requirements.

The FWC approved the Bunnings Perth Distribution Centre Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the warehouse and transport employees in the Perth distribution centre.

Bunnings Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established