DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunnings Group Limited T/A Bunnings
(AG2015/6545)

BUNNINGS VICTORIAN DISTRIBUTION CENTRE - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015-2018

Storage services
COMMISSIONER ROE	MELBOURNE, 6 NOVEMBER 2015

Application for approval of the Bunnings Victorian Distribution Centre - National Union of Workers Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Bunnings Victorian Distribution Centre - National Union of Workers Enterprise Agreement 2015-2018 (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 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.

[3] 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.

[4] 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.

[5] The Agreement was approved on 6 November 2015 and, in accordance with s.54, will operate from 13 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Bunnings Group Limited, trading as Bunnings, and the National Union of Workers. The dispute centred on the application for the approval of the Bunnings Victorian Distribution Centre - National Union of Workers Enterprise Agreement 2015-2018. The Commission was tasked with determining whether the enterprise agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the enterprise agreement had been genuinely agreed upon by the parties, and whether it contained the necessary minimum terms and conditions as required by the Act. Furthermore, the Commission needed to assess whether the agreement was in the best interests of the employees and whether it complied with the good faith bargaining provisions. The Commission also had to consider the implications of any provisions that might be considered to be contrary to public policy or otherwise invalid.

In its decision, the Fair Work Commission found that the enterprise agreement had been genuinely agreed upon by the parties. The Commission also determined that the agreement contained the necessary minimum terms and conditions and that it was in the best interests of the employees. The Commission held that the agreement complied with the good faith bargaining provisions and did not contain any provisions that were contrary to public policy or otherwise invalid. On this basis, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Bunnings Victorian Distribution Centre - National Union of Workers Enterprise Agreement 2015-2018, subject to certain modifications to ensure compliance with the Act. These modifications included changes to the agreement to ensure that the terms and conditions were fair and reasonable, and that they did not undermine the minimum protections provided by the Act.

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