Bunnings Group Pty Ltd T/A Bunnings Warehouse
[2022] FWCA 694
•25 FEBRUARY 2022
| [2022] FWCA 694 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Bunnings Group Pty Ltd T/A Bunnings Warehouse
(AG2022/426)
Bunnings Dandenong Distribution Centre Enterprise Agreement 2021
| Storage services | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 25 FEBRUARY 2022 |
Application for approval of the Bunnings Dandenong Distribution Centre Enterprise Agreement 2021
Bunnings Group Pty Ltd T/A Bunnings Warehouse (the Applicant) has made an application for approval of an enterprise agreement known as the Bunnings Dandenong Distribution Centre Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 25 February 2022.
On 25 February 2022, my Chambers sent correspondence to the parties bringing to their attention certain concerns with the agreement that did not require further action:
· The parties were notified that clause 11.3 of the agreement could potentially be unenforceable should the Agreement be approved.
· The parties were notified that should the Agreement be approved, the model flexibility term and the model consultation term will be inserted into the Agreement and will be taken to be terms of the Agreement.
· The parties were notified that clause 11.2(f) regarding deductions could be inconsistent with the National Employment Standards (NES) however the NES precedence term located at clause 1.2(d) is deemed to resolve this NES concern.
As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.
As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.
The United Workers’ 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) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025
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