Bunnings Group Limited T/A Bunnings

[2023] FWCA 890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bunnings Group Limited T/A Bunnings

(AG2023/559)

BUNNINGS TRUGANINA ENTERPRISE AGREEMENT 2023

Timber and paper products industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 MARCH 2023

Application for approval of the Bunnings Truganina Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Bunnings Truganina Enterprise Agreement 2023 (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 T/A Bunnings. The Agreement is a single enterprise agreement.

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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement was approved on 24 March 2023 and, in accordance with s.54, will operate from 31 March 2023. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bunnings Group Limited applied to the Fair Work Commission for approval of the Bunnings Truganina Enterprise Agreement 2023. The application was brought by the employer, Bunnings Group Limited, which operates a chain of hardware stores across Australia. The agreement in question was negotiated with the Retail and Fast Food Workers Union, representing employees of the Truganina store. The dispute centred on the terms and conditions of employment for employees working at the Truganina store, including wages, hours of work, leave entitlements, and other employment-related matters.

The legal issues before the commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it provided for a fair and reasonable safety net of minimum terms and conditions, and whether it was free from prohibited content. The commission had to determine if the agreement was genuinely bargained between the parties and if it met the criteria for approval under the act.

In its decision, the commission found that the agreement did comply with the act. It concluded that the agreement provided for a fair and reasonable safety net of minimum terms and conditions and was free from prohibited content. The commission considered that the agreement was genuinely bargained between the parties and met the criteria for approval under the act. The commission approved the agreement, highlighting that it provided for fair and reasonable terms and conditions of employment for the employees at the Truganina store.

The Fair Work Commission approved the Bunnings Truganina Enterprise Agreement 2023, emphasising the agreement's compliance with the Fair Work Act 2009 and its provision of fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established