Bunzl Outsourcing Services Ltd T/A As Above

[2024] FWCA 2444

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bunzl Outsourcing Services Ltd T/A As Above

(AG2024/2245)

THE BUNZL SA DISTRIBUTION CENTRE AND SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION OF SOUTH AUSTRALIA (SDA) ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER PLATT	ADELAIDE, 2 JULY 2024

Application for approval of the Bunzl SA Distribution Centre and Shop, Distributive and Allied Employees' Association (SDA) SA Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Bunzl SA Distribution Centre and Shop, Distributive and Allied Employees' Association (SDA) SA Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bunzl Outsourcing Services Ltd T/A As Above (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 27 June 2024.

The Shop, Distributive and Allied Employees Association, 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, 188 and 190 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 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Bunzl Outsourcing Services Ltd, trading as As Above, for approval of the Bunzl SA Distribution Centre and Shop, Distributive and Allied Employees' Association (SDA) SA Enterprise Agreement 2024. The applicants sought to have the agreement registered under the Fair Work Act 2009, which requires the agreement to meet certain criteria, including being free from prohibited content and meeting the "better off overall test" for employees.

The legal issues before the Commission were whether the agreement contained any content that was prohibited under the Act, and whether the agreement satisfied the "better off overall test". The "better off overall test" requires that employees be no worse off and at least some employees better off financially under the new agreement than they would be under the previous agreement or the applicable award. The Commission needed to examine the financial and non-financial terms of the agreement to determine if it met these requirements.

The Fair Work Commission found that the agreement was free from prohibited content and satisfied the "better off overall test". The Commission noted that the agreement provided for a number of improvements to employee conditions, including increases to base rates of pay, allowances, and other entitlements. The Commission was satisfied that the agreement met the requirements of the Act and approved the application for registration. The agreement was registered on the date of the decision, and will apply to employees from 1 July 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established