Bunnings Group Limited (Bunnings) T/A Bunnings Warehouse

[2021] FWCA 5873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunnings Group Limited (Bunnings) T/A Bunnings Warehouse
(AG2021/6728)

BUNNINGS AND CFMEU FRAME AND TRUSS WARNERVALE
ENTERPRISE AGREEMENT 2021

Retail industry
DEPUTY PRESIDENT CROSS	SYDNEY, 17 SEPTEMBER 2021

Application for approval of the Bunnings and CFMEU Frame and Truss Warnervale Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Bunnings and CFMEU Frame and Truss Warnervale Enterprise Agreement 2021 (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 (Bunnings) T/A Bunnings Warehouse. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained a typographical error in the wage tables set out at Schedule E of the Agreement. On 30 August 2021, the Applicant filed an amended page to the Agreement, correcting the typographical error, pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bunnings Group Limited (Bunnings), trading as Bunnings Warehouse, applied to the Fair Work Commission for approval of the Bunnings and CFMEU Frame and Truss Warnervale Enterprise Agreement 2021. The application involved the agreement between Bunnings and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) concerning the employment terms of frame and truss workers at Warnervale, New South Wales. The Fair Work Commission was tasked with determining whether the agreement should be approved and registered under the Fair Work Act 2009. The central legal issues revolved around whether the agreement met the formal requirements for approval, including compliance with the mandatory provisions of the Fair Work Act, and whether the agreement had been genuinely negotiated between the parties. Additionally, the court had to assess whether the agreement adequately protected the rights and interests of the employees and whether it adhered to the principles of good faith bargaining and procedural fairness.

The Fair Work Commission found that the agreement was procedurally sound and had been genuinely negotiated between the parties. The Commission noted that the agreement contained all the necessary information and was clear and accessible to the employees. The Commission further determined that the agreement complied with the mandatory minimum entitlements prescribed by the Fair Work Act. The Commission examined the provisions of the agreement, including those relating to wages, hours of work, leave entitlements, and other employment conditions, and found that they met or exceeded the statutory minimum standards. The Commission also considered the evidence provided by both parties regarding the negotiation process and concluded that the agreement reflected the outcomes of genuine bargaining efforts. Consequently, the Commission approved and registered the Bunnings and CFMEU Frame and Truss Warnervale Enterprise Agreement 2021.

The Fair Work Commission's decision to approve and register the agreement was based on the comprehensive analysis of the negotiation process, compliance with legal requirements, and the adequacy of the agreement's provisions. The Commission's ruling affirmed that the agreement was a fair and reasonable outcome of negotiations between Bunnings and the CFMEU. The court's approval ensures that the agreement can now be implemented, providing a framework for the employment conditions of the frame and truss workers at Warnervale. The decision underscores the importance of genuine negotiation and compliance with statutory obligations in the formation of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established