Bunnings Group Pty Ltd T/A Bunnings Warehouse Summary

[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

COMMISSIONER

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CaseChat Overview and Summary

Bunnings Group Pty Ltd, trading as Bunnings Warehouse, applied to the Fair Work Commission for approval of the 2021 Dandenong Distribution Centre Enterprise Agreement. The agreement was subject to scrutiny due to concerns raised by the Australian Council of Trade Unions regarding its provisions. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The key legal issue before the Commission was whether the enterprise agreement contained provisions that complied with the statutory obligations and did not unfairly disadvantage any employee. The Commission had to consider the requirements for enterprise agreements as set out in the Fair Work Act, including whether the agreement was made in good faith and whether it provided for the resolution of disputes between the employer and employees. Additionally, the Commission needed to ensure that the agreement did not adversely affect employees' terms and conditions of employment in a way that was not in their best interests.

In examining the agreement, the Commission considered the submissions from both the employer and the unions. The Commission found that the agreement, while generally fair, contained some provisions that needed to be amended to meet the statutory requirements. The Commission made several orders to amend specific clauses to ensure compliance with the Fair Work Act. These amendments included changes to provisions related to employee entitlements and dispute resolution mechanisms. After these amendments were made, the Commission approved the enterprise agreement, finding that it met the necessary statutory standards.

The Commission's final orders included the approval of the amended 2021 Dandenong Distribution Centre Enterprise Agreement, subject to the changes that had been made to address the identified issues. The employer was required to implement these amendments within the agreed timeframe and ensure that all employees were informed of the changes. The unions were also directed to take necessary steps to ensure that the agreement was properly communicated to their members.

Bunnings Group Pty Ltd 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