DECISION

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

Bunnings Group Limited T/A Bunnings Warehouse
(AG2021/4888)

BUNNINGS BRISBANE DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER HUNT	BRISBANE, 24 MAY 2021

Application for approval of the Bunnings Brisbane Distribution Centre Enterprise Agreement 2020.

[1] Bunnings Group Limited T/A Bunnings Warehouse (the Employer) has applied for approval of an enterprise agreement known as the Bunnings Brisbane Distribution Centre Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (the UWU) and the Shop, Distributive and Allied Employees Association (the SDA) regarding the undertakings, allowing a period from receipt of the undertakings to provide any views. I did not receive any correspondence from the UWU or the SDA regarding the undertakings.

[3] 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.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement. I note the model flexibility term is also taken to be a term of the Agreement, causing the flexibility term under Appendix 3 of the Agreement to not apply.

[4] I am of the view clause 6.6 of the Agreement may be an unreasonable request to spend or pay an amount per s.325 of the Act or may not constitute permitted deductions per s.324 of the Act. Clause 6.6 may therefore be of no effect per s.326 of the Act.

[5] I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The UWU 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) of the Act I note that the Agreement covers the UWU.

[7] The SDA did not file a Form F18 in this matter. My chambers have telephoned and emailed the SDA to confirm whether this is its intention and I did not receive a reply. I therefore assume it does not wish to file a Form F18 in this matter.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

The case of Bunnings Group Limited T/A Bunnings Warehouse involved an application for the approval of the Bunnings Brisbane Distribution Centre Enterprise Agreement 2020. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The application was made by Bunnings, while the opposition came from the Transport Workers Union and the Shop, Distributive and Allied Employees Association.

The primary legal issues before the Commission were whether the agreement contained the necessary provisions to be approved, including the requirements under section 231 of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement met the 'better off overall test' and whether it contained the minimum terms and conditions as prescribed by the Act. The Commission also had to consider if the agreement was made in good faith and if the bargaining process was conducted fairly.

The Fair Work Commission found that the agreement substantially met the statutory requirements for approval. The Commission noted that the agreement provided for terms and conditions that were at least as favourable as the applicable awards and included all the minimum terms and conditions as required by the Act. The Commission further determined that the agreement had been made in good faith and that the bargaining process was conducted fairly. Consequently, the Commission approved the agreement, finding that it met the 'better off overall test' as required by the Act.

In approving the agreement, the Fair Work Commission made several orders. It directed that the agreement be registered and published, effective from the date of the Commission's decision. The Commission also ordered that the agreement would apply to all employees covered by it, from the date of registration. These orders formalised the approval of the Enterprise Agreement and ensured that it would be legally binding on the parties involved.

Bunnings Group Limited T/A Bunnings Warehouse

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established