Bunnings Group Limited T/A Bunnings

[2016] FWCA 2187

[2016] FWCA 2187

FAIR WORK COMMISSION

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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