Bunnings Group Limited (Bunnings)

[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

CaseChat Overview and Summary

Bunnings Group Limited applied to the Fair Work Commission (FWC) for approval of the Bunnings Unanderra Enterprise Agreement 2024. The dispute centred on the terms and conditions of employment for employees at Bunnings' Unanderra store. The FWC was tasked with determining whether the proposed agreement was in the best interests of the employees and whether it met the requirements of the Fair Work Act 2009.

The legal issues before the FWC involved assessing whether the agreement provided for minimum terms and conditions, whether it was consistent with relevant awards and regulations, and whether it complied with the requirements for fair and reasonable agreements. The FWC had to consider the fairness and reasonableness of the proposed agreement, including the balance of outcomes for employees and the overall impact on the workforce. Additionally, the FWC had to ensure that the agreement did not undermine the role of unions and did not include clauses that were contrary to public policy.

The FWC found that the proposed agreement was fair and reasonable, providing for terms and conditions that were at least as favourable as the applicable award. The agreement was consistent with the requirements of the Fair Work Act, and the FWC determined that it met the necessary standards for approval. The FWC also noted that the agreement provided a balanced outcome for both employees and the employer, ensuring that it did not undermine the role of unions or include any clauses that were contrary to public policy.

The FWC approved the Bunnings Unanderra Enterprise Agreement 2024, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will apply to employees at the Unanderra store, providing a framework for their employment that is fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established