DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunzl Outsourcing Services Ltd
(AG2019/2766)

THE BUNZL ENFIELD DISTRIBUTION CENTER AND NATIONAL UNION OF WORKERS (NUW) NSW ENTERPRISE AGREEMENT 2019

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COMMISSIONER BISSETT	MELBOURNE, 13 AUGUST 2019

Application for approval of The Bunzl Enfield Distribution Center and National Union of Workers (NUW) NSW Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as The Bunzl Enfield Distribution Center and National Union of Workers (NUW) NSW Enterprise Agreement 2019 (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 Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The National Union of Workers (NUW) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Bunzl Outsourcing Services Ltd, sought approval of an enterprise agreement with the National Union of Workers (NUW) NSW, covering employees at its Enfield Distribution Center. The Fair Work Commission heard the application, which was brought under section 232 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval, including fairness and the process by which it was negotiated.

The legal issues involved whether the agreement was genuinely negotiated, free from coercion, and whether it met the standards of procedural and substantive fairness. The Commission needed to examine the negotiation process, the content of the agreement, and whether it complied with the statutory requirements for approval. Additionally, the Commission assessed if the agreement contained terms that were contrary to public policy or outside the scope of the agreement's purpose.

The Fair Work Commission found that the agreement was genuinely negotiated and free from coercion. It confirmed that the negotiation process complied with the procedural requirements and that the terms of the agreement were fair and reasonable. The Commission was satisfied that the agreement was not contrary to public policy and served the interests of the parties involved. Consequently, the Commission approved the enterprise agreement under section 232 of the Fair Work Act 2009. The decision ensures that the terms of employment for the workers at the Enfield Distribution Center are regulated by the agreed-upon terms.

Bunzl Outsourcing Services Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established