Bunnings Group Limited T/A Bunnings Warehouse Summary

[2024] FWCA 3969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bunnings Group Limited T/A Bunnings Warehouse

(AG2024/4066)

BUNNINGS AND CFMEU FRAME AND TRUSS HALLAM ENTERPRISE AGREEMENT 2024

Retail industry
COMMISSIONER ALLISON	MELBOURNE, 13 NOVEMBER 2024

Application for approval of the Bunnings and CFMEU Frame and Truss Hallam Enterprise Agreement 2024

Bunnings Group Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Bunnings and CFMEU Frame and Truss Hallam Enterprise Agreement 2024 (the Agreement).

The Construction, Forestry and Maritime Employees Union 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.

The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the “Bunnings Hallam Enterprise Agreement 2024” which does not match the title of the Agreement to be approved. The NERR was also not in the form prescribed by the regulations. I am satisfied that these were minor procedural or technical errors and that the employees were not likely to have been disadvantaged by them. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard these errors.

The following provisions may be inconsistent with the National Employment Standards (NES):

Clause 8.9((b) of the Agreement, relating to notice requirements for personal and carer’s leave, may be a more stringent notice requirement than as provided in s.107(2)(a) of the Act.
Schedule B of the Agreement relating to evidentiary requirements for personal leave may provide a more burdensome standard of proof than required by s.107(3) of the Act.

Clause 8.1.3(d), relating to casual conversion, appears more restrictive than s.66F of the Act.

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Clause 16 of the Agreement does not provide for consultation in relation to changes to regular roster or ordinary hours of work. However, noting clause 6 of the Agreement, I am satisfied that the consultation term provision at clause 35 of the Timber Industry Award 2020 is incorporated into the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2024, being the start of the first pay cycle after the approval of Agreement. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Bunnings Group Limited, trading as Bunnings Warehouse, to approve the Bunnings and CFMEU Frame and Truss Hallam Enterprise Agreement 2024. The dispute centred on the proposed terms and conditions of employment for employees working in the Frame and Truss Hallam enterprise, which includes various roles within Bunnings' operations. The Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a "good faith" bargain, whether it provided for fair and reasonable terms and conditions, and whether it complied with the provisions of the Fair Work Act. The Commission also needed to consider whether the agreement appropriately addressed the needs and interests of both the employer and the employees, ensuring that it met the standard of "better off overall or at least no worse off" for the employees involved.

The Commission examined the submissions from both Bunnings and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Commission found that the agreement was a genuine attempt at bargaining in good faith, with appropriate consideration given to the interests of both parties. The terms of the agreement were considered fair and reasonable, providing for appropriate remuneration, working conditions, and other employment-related matters. The Commission also determined that the agreement complied with all relevant provisions of the Fair Work Act and met the requirement of being better off overall or at least no worse off for the employees.

Accordingly, the Fair Work Commission approved the Bunnings and CFMEU Frame and Truss Hallam Enterprise Agreement 2024, recognising it as a fair and reasonable agreement that appropriately balances the interests of both the employer and the employees. The decision was made on the basis that the agreement met all the necessary requirements for approval under the Fair Work Act.

Bunnings Group Limited T/A Bunnings Warehouse

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established