DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunzl Outsourcing Services Limited
(AG2016/7213)

BUNZL ENFIELD DISTRIBUTION CENTRE AND NATIONAL UNION OF WORKER (NUW) NSW ENTERPRISE AGREEMENT 2016

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COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2017

Application for approval of the Bunzl Enfield Distribution Centre and National Union of Worker (NUW) NSW Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bunzl Enfield Distribution Centre and National Union of Worker (NUW) NSW Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bunzl Outsourcing Services Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement was approved on 13 January 2017 and, in accordance with s.54, will operate from 20 January 2017. The nominal expiry date of the Agreement is 20 January 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Bunzl Outsourcing Services Limited, the applicant, sought approval for a proposed enterprise agreement, referred to as the Bunzl Enfield Distribution Centre and National Union of Workers (NUW) NSW Enterprise Agreement 2016. The National Union of Workers NSW Branch (the Union) was also a party to the proceedings. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval, particularly in relation to the employees' minimum entitlements. The Union opposed the application, raising concerns about the proposed agreement's compliance with certain statutory minimum entitlements, including redundancy provisions, penalty rates, and leave entitlements.

The Commission was required to consider whether the proposed agreement was a "better off overall test" (BOOT) agreement, meaning that the employees would be no worse off and at least some employees would be better off under the agreement compared to their existing awards or agreements. Additionally, the Commission needed to assess whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly in relation to the employees' minimum entitlements. The Commission also needed to consider the Union's concerns regarding the proposed redundancy provisions, penalty rates, and leave entitlements.

In making its decision, the Commission examined the proposed agreement's provisions and found that it met the BOOT requirement. The Commission considered that the proposed agreement provided for a fair and reasonable outcome for the employees and that the agreement's terms were not detrimental to the employees' minimum entitlements. The Commission also found that the proposed redundancy provisions, penalty rates, and leave entitlements were consistent with the relevant awards and regulations. The Commission approved the proposed agreement, finding that it complied with the statutory requirements and was in the best interests of the employees.

The Fair Work Commission approved the Bunzl Enfield Distribution Centre and National Union of Workers (NUW) NSW Enterprise Agreement 2016. The Commission found that the agreement met the BOOT requirement and that it provided for a fair and reasonable outcome for the employees. The Commission also found that the proposed agreement's terms were consistent with the relevant awards and regulations and that the agreement's provisions did not detrimentally affect the employees' minimum entitlements. The Commission approved the agreement, and it will now be in effect for the employees covered by the agreement.

Bunzl Outsourcing Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established