Bunzl Outsourcing Services Ltd

[2013] FWCA 6966

[2013] FWCA 6966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Bunzl Outsourcing Services Ltd
(AG2013/2629)

THE BUNZL ENFIELD DISTRIBUTION CENTRE AND NATIONAL UNION OF WORKERS (NUW) NSW ENTERPRISE AGREEMENT 2013

Storage services
DEPUTY PRESIDENT SAMS	SYDNEY, 16 SEPTEMBER 2013

Application for approval of The Bunzl Enfield Distribution Centre and National Union of Workers (NUW) NSW Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Bunzl Outsourcing Services Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as The Bunzl Enfield Distribution Centre and National Union of Workers (NUW) NSW Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with the National Union of Workers (the ‘Union’) and two Employee Bargaining Representatives. The Agreement is to cover 49 employees who perform work that would otherwise be covered by the Storage Services and Wholesale Award 2010 [MA000084] at the applicant’s Enfield distribution centre. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 28 May 2013, and voting for the Agreement’s approval took place on 15 August 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 36 of the employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 29 August 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms F Floyd, HR Advisor, identified the Storage Services and Wholesale Award 2010 [MA000084] and the Warehouse Employees - (General) State Award [AN120633] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Floydsaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial, than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for higher rates of pay and a more generous First Aid allowance. Rates of pay are to be increased by 3 % on 1 July 2014 and 1 July 2015. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 10 and 9 respectively, and a disputes resolution procedure 8 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 10 September 2013, Ms F Floyd,appeared for the applicant and Mr M Valentin and Mr J Nero for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Ms Floyd outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. Ms Floyd explained that the rates of pay are between 14.8 and 28% higher than those under the reference instruments. Mr Valentin supported the submissions of Ms Floyd.

[5] Having heard the parties submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as The Bunzl Enfield Distribution Center and National Union of Workers (NUW) NSW Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 17 September 2013 and have a nominal expiry date of 17 September 2016.

DEPUTY PRESIDENT

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