DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunnings Group Limited T/A Bunnings Warehouse
(AG2020/3268)

BUNNINGS SYDNEY DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2019

Retail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 DECEMBER 2020

Application for approval of the Bunnings Sydney Distribution Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bunnings Sydney Distribution Centre Enterprise Agreement 2019 (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 Warehouse. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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] The Shop, Distributive and Allied Employees Association 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 16 December 2020 and, in accordance with s.54, will operate from 8 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Bunnings Group Limited, trading as Bunnings Warehouse, for the approval of the Bunnings Sydney Distribution Centre Enterprise Agreement 2019. The dispute centred around the terms and conditions of employment for workers at the Sydney Distribution Centre, specifically whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with assessing the agreement to determine if it provided for fair and reasonable terms, including pay and conditions, and if it complied with the procedural fairness standards.

The primary legal issues revolved around the fairness and reasonableness of the proposed agreement's terms. The Commission needed to ensure that the agreement did not disadvantage employees unjustifiably, provided for fair remuneration, and adhered to the procedural requirements for enterprise agreements, including proper notification and consultation with relevant employee representatives. Additionally, the Commission considered whether the agreement addressed the specific needs and concerns of the workforce, particularly given the unique operational environment of a distribution centre.

In its decision, the Commission found that the proposed agreement was fair and reasonable. The Commission noted that the agreement had been negotiated in good faith and provided for terms that were not worse off than the relevant award or safety net. The agreement also met the procedural requirements, including adequate consultation with the relevant employee representatives. The Commission was satisfied that the agreement provided for fair and reasonable terms, including adequate remuneration, leave provisions, and other working conditions that met the needs of the workforce. Consequently, the Commission approved the application for the enterprise agreement.

The Fair Work Commission approved the Bunnings Sydney Distribution Centre Enterprise Agreement 2019, recognising it as meeting the statutory requirements for fairness, reasonableness, and procedural fairness. The approval ensures that the terms and conditions of employment for the workers at the Sydney Distribution Centre are governed by the agreed-upon provisions, providing a stable and fair framework for their employment.

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