DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bunnings Group Limited (Bunnings) T/A Bunnings Warehouse
(AG2021/6725)

BUNNINGS AND CFMEU FRAME AND TRUSS UNANDERRA ENTERPRISE AGREEMENT 2018

Timber and paper products industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 3 SEPTEMBER 2021

Application for approval of the Bunnings and CFMEU Frame and Truss Unanderra Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bunnings and CFMEU Frame and Truss Unanderra Enterprise Agreement 2018 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[1] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[2] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[1] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 September 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The applicant, Bunnings Group Limited, trading as Bunnings Warehouse, sought approval for the Frame and Truss Unanderra Enterprise Agreement 2018 from the Fair Work Commission. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application on various grounds, primarily concerning the fairness of the agreement. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal. The Commission was required to determine whether the agreement met the statutory criteria for approval, specifically focusing on whether it was a "better off overall test" (BOOT) agreement, meaning that the employees were no worse off and at least some were better off overall under the agreement compared to the applicable awards.

The Commission examined the evidence and submissions from both parties to determine whether the agreement was fair and appropriate. The applicant argued that the agreement provided for better conditions, including wages, leave entitlements, and other benefits, while the respondent contended that the agreement failed to adequately protect employees and was not in their best interests. The Commission considered the submissions, the evidence presented, and the relevant legislative provisions in making its decision.

After careful consideration, the Commission found that the agreement was fair and appropriate, meeting the statutory criteria for approval. The Commission determined that the agreement provided for better conditions for employees, including wages, leave entitlements, and other benefits, and that it was in their best interests. The Commission approved the Frame and Truss Unanderra Enterprise Agreement 2018, finding that it was a BOOT agreement. The Commission's decision was based on a thorough analysis of the evidence and submissions presented by both parties, as well as a detailed consideration of the relevant legislative provisions.

The Commission's final orders approved the Frame and Truss Unanderra Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The Commission also ordered that the agreement would be published on its website and that a copy would be provided to both parties. The decision was binding on all parties and could not be appealed.

Bunnings Group Limited (Bunnings) T/A Bunnings Warehouse

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established