DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunnings Group Limited (Bunnings) T/A Bunnings Warehouse
(AG2021/6191)

BUNNINGS AND CFMEU FRAME AND TRUSS HALLAM ENTERPRISE AGREEMENT 2021

Retail industry
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Bunnings and CFMEU Frame and Truss Hallam 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 Employer has 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.

[3] 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.

[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 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 5 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bunnings Group Limited, trading as Bunnings Warehouse, applied to the Fair Work Commission (FWC) for the approval of the Bunnings and CFMEU Frame and Truss Hallam Enterprise Agreement 2021. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions of employment for certain employees within the Frame and Truss Hallam Enterprise Agreement.

The primary legal issue before the FWC was whether the agreement met the requirements of the Fair Work Act 2009 (FW Act) for it to be considered a "single enterprise agreement". Specifically, the FWC needed to determine if the agreement covered a single enterprise as defined in section 172 of the FW Act. Additionally, the FWC had to assess if the agreement complied with the good faith bargaining obligations under section 187 of the FW Act, and whether it provided for fair and reasonable terms and conditions as required by section 186 of the FW Act.

The FWC found that the agreement satisfied the criteria for a single enterprise agreement, as it covered a clearly defined enterprise. The FWC also concluded that the agreement was the product of good faith bargaining, meeting all procedural requirements. Furthermore, the FWC determined that the terms and conditions outlined in the agreement were fair and reasonable, taking into account the interests of both employers and employees. Consequently, the FWC approved the agreement.

In light of its findings, the FWC approved the Bunnings and CFMEU Frame and Truss Hallam Enterprise Agreement 2021, effective from 1 July 2021. This decision was made on the basis that the agreement met all the legal criteria set out in the FW Act.

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