DECISION

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

Bunnings Group Limited T/A Bunnings
(AG2018/6297)

BUNNINGS AND CFMEU FRAME AND TRUSS UNANDERRA ENTERPRISE AGREEMENT 2018

Timber and paper products industry
COMMISSIONER RIORDAN	SYDNEY, 26 JUNE 2019

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 the Bunnings and CFMEU Frame and Truss Unanderra Enterprise Agreement 2018 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union – Manufacturing Division (CFMMEU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 24 June 2019, which included further material in support of the application together with Undertakings made by and duly signed by the HR Operations Manager AU/NZ, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bunnings Group Limited, trading as Bunnings, applied to the Fair Work Commission for approval of the Frame and Truss Unanderra Enterprise Agreement 2018. The application arose from negotiations between Bunnings and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions of employment for employees working in the Frame and Truss department at the Unanderra store. The Commission, composed of members appointed under the Fair Work Act 2009, was tasked with determining whether the agreement met the criteria for approval.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to the procedural fairness in the negotiation process and the substantive provisions of the agreement. The Commission needed to ascertain whether the agreement was made in good faith and whether it provided for the terms and conditions of employment of the employees in an appropriate manner. Additionally, the Commission examined whether the agreement met the "better off overall test" and if it included provisions that were consistent with the national minimum standards.

The Commission concluded that the agreement was made in good faith and was procedurally sound, as the negotiation process had been fair and transparent. The substantive provisions of the agreement were deemed to be consistent with the national minimum standards and met the "better off overall test," ensuring that employees would not be worse off. The Commission found that the agreement was fair and appropriate for the employees covered by it and approved the Frame and Truss Unanderra Enterprise Agreement 2018. The approval was based on the evidence presented and the legal framework provided by the Fair Work Act.

The Fair Work Commission approved the Frame and Truss Unanderra Enterprise Agreement 2018, confirming its compliance with the statutory requirements. The decision was based on the evidence of good faith negotiations, procedural fairness, and the substantive fairness of the agreement. The Commission's approval ensures that the employees' terms and conditions of employment are protected and regulated under the approved agreement.

Bunnings Group Limited T/A Bunnings

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established