Bunzl Outsourcing Services Ltd T/A Bunzl Australia and New Zealand

[2025] FWCA 3219

The attached document replaces the document previously issued with the above code on 23 September 2025.

Updated the Agreement Title on the subject line and paragraph 1.

Associate to Commissioner Sloan

Dated 23 September 2025

[2025] FWCA 3219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bunzl Outsourcing Services Ltd T/A Bunzl Australia and New Zealand

(AG2025/3116)

THE BUNZL NSW DISTRIBUTION CENTRE AND UNITED WORKERS UNION (UWU) NSW ENTERPRISE AGREEMENT 2025

Storage services and wholesale
COMMISSIONER SLOAN	SYDNEY, 23 SEPTEMBER 2025

Application for approval of The Bunzl NSW Distribution Centre and United Workers Union (UWU) NSW Enterprise Agreement 2025

Bunzl Outsourcing Services Ltd has applied for approval of a single enterprise agreement known as The Bunzl NSW Distribution Centre and United Workers Union (UWU) NSW Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).
The notice of employee representational rights that was provided to employees appears to be based on a superseded version of the prescribed form, and is not in the form required by regulation 2.05 of the Fair Work Regulations 2009. I consider this to be a minor procedural or technical error of the nature contemplated by section 188(5) of the Act. I am satisfied that the relevant employees are not likely to have been disadvantaged by the error. As a result, I will disregard it.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The UWU supports the approval of the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the UWU.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 30 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of the Bunzl NSW Distribution Centre and United Workers Union (UWU) NSW Enterprise Agreement 2025. The parties involved are Bunzl Outsourcing Services Ltd, trading as Bunzl Australia and New Zealand, and the United Workers Union (UWU). The application was brought before the Fair Work Commission in Australia, which has jurisdiction over employment-related matters and enterprise agreements. The primary dispute revolves around whether the proposed enterprise agreement meets the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions for the employees, whether it met the requirements for "no-disadvantage" and "better-off overall" tests, and whether the agreement was genuinely negotiated between the employer and the union. The Commission also considered whether the agreement provided for appropriate mechanisms for dispute resolution and whether it complied with the procedural requirements set out in the Fair Work Act.

The Fair Work Commission examined the evidence and submissions presented by both parties. The Commission found that the proposed enterprise agreement was fair and reasonable, providing for appropriate terms and conditions that were better off overall for the employees. The agreement included provisions for genuine negotiations and dispute resolution mechanisms. The Commission concluded that the agreement met all the statutory requirements and was in compliance with the Fair Work Act. Accordingly, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Bunzl NSW Distribution Centre and United Workers Union (UWU) NSW Enterprise Agreement 2025 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered with the Commission and would apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established