DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunnings Group Limited T/A Bunnings
(AG2016/2591)

BUNNINGS BRISBANE DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 7 APRIL 2016

Application for approval of the Bunnings Brisbane Distribution Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bunnings Brisbane Distribution Centre Enterprise Agreement 2016 (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] The Applicant 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.

[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] 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.

[6] The National Union of Workers’ 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.

[7] It appears that an earlier agreement that applies to the employees in relation to their employment has not passed its nominal expiry date. If this is the case, pursuant to s.58 of the Act I note that this agreement cannot apply to those employees in relation their employment until the earlier agreement passes its nominal expiry date.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2016. The nominal expiry date of the Agreement is 6 April 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Bunnings Group Limited, trading as Bunnings, and various unions representing employees of the company. The dispute centred around the application for approval of the Bunnings Brisbane Distribution Centre Enterprise Agreement 2016. The unions argued that the agreement failed to meet the statutory requirements for approval, while Bunnings contended that the agreement was fair and reasonable. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the enterprise agreement contained all the mandatory terms and conditions specified by the Act and whether it complied with the good faith bargaining provisions. The Commission also needed to consider whether the agreement was made in a manner that was fair and reasonable, including whether it was made without coercion or undue influence. Furthermore, the Commission examined the process through which the agreement was negotiated to ensure it met the requirements for good faith bargaining.

The Fair Work Commission found that the Bunnings Brisbane Distribution Centre Enterprise Agreement 2016 was largely compliant with the statutory requirements. The Commission noted that while there were some minor deficiencies, these did not undermine the overall fairness of the agreement. The Commission was satisfied that the agreement contained all necessary mandatory terms and conditions, and it was made in a manner consistent with good faith bargaining. The Commission emphasised that the agreement was the result of a genuine negotiation process between the parties. Therefore, the Commission approved the enterprise agreement, subject to minor modifications to address the identified deficiencies.

As a result of the Commission's decision, the Bunnings Brisbane Distribution Centre Enterprise Agreement 2016 was approved, effective from the date of the decision. The modifications required by the Commission were to be implemented within a specified timeframe. The unions were directed to withdraw any objections they had lodged, and the agreement was to be registered with the Fair Work Commission. This decision confirmed the validity of the enterprise agreement and provided a framework for the terms and conditions of employment for the employees covered by the 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