Bunzl Outsourcing Services Ltd

[2022] FWCA 2946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bunzl Outsourcing Services Ltd

(AG2022/3405)

THe Bunzl NSW Distribution Centre and United Workers Union (UWU) NSW Enterprise Agreement 2022

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COMMISSIONER MATHESON	SYDNEY, 25 AUGUST 2022

Application for approval of The Bunzl NSW Distribution Centre and United Workers Union (UWU) NSW Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the The Bunzl NSW Distribution Centre and United Workers Union (UWU) NSW Enterprise Agreement 2022 (Agreement). The application was made by Bunzl Outsourcing Services Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

Bunzl Outsourcing Services Ltd applied to the Fair Work Commission for approval of an enterprise agreement between the Bunzl NSW Distribution Centre and the United Workers Union (UWU). The applicant sought approval under section 185 of the Fair Work Act 2009. The agreement in question is the Bunzl NSW Distribution Centre and United Workers Union (UWU) NSW Enterprise Agreement 2022. The dispute centres on whether the agreement meets the legal requirements for approval under the Fair Work Act 2009.

The Commission had to determine whether the application complied with sections 186, 187 and 188 of the Act, which outline the criteria for approving an enterprise agreement. Additionally, the Commission had to ascertain whether the UWU had provided the requisite notice under section 183 of the Act, indicating its desire for the agreement to cover its members. The Commission also needed to confirm that the agreement covers the relevant organisation, as required by section 201(2) of the Act.

Upon reviewing the materials presented, Commissioner Matheson found that the application satisfied all relevant criteria for approval. The UWU had indeed given the necessary notice under section 183 of the Act. Furthermore, the agreement was found to cover the organisation as required by section 201(2) of the Act. Consequently, the Agreement was approved and will take effect from 1 September 2022, with a nominal expiry date of 30 June 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established