Bunnings Group Limited (Bunnings)
[2024] FWCA 2526
•8 JULY 2024
| [2024] FWCA 2526 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Bunnings Group Limited (Bunnings)
(AG2024/2138)
BUNNINGS UNANDERRA ENTERPRISE AGREEMENT 2024
| Timber industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 8 JULY 2024 |
Application for approval of the Bunnings Unanderra Enterprise Agreement 2024
Introduction
Bunnings Group Limited (Bunnings) (the Employer) has made an application for approval of an enterprise agreement known as the Bunnings Unanderra Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Personal/Carers Leave
Clause 50(b)(i) of the Agreement states that personal leave will be credited on a monthly basis in the first year of service. This appears to be inconsistent with s.96 of the Act which provides that an employee’s personal leave accrues progressively during a year of service. The Commission raised this with the Employer who advised that its practice for employees covered by the Agreement is to credit personal/carer's leave in advance on a monthly basis during the first year of service. In any event, I note that in accordance with the NES precedence term in Clause 4 of the Agreement, the NES applies to the extent that any term of the Agreement is detrimental to an employee in any respect when compared with the NES.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
The Construction, Forestry and Maritime Employees Union – Manufacturing Division (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 15 July 2024. The nominal expiry date of the Agreement is 30 June 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525351 PR776794>
0
0
0