DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunzl Outsourcing Services Ltd T/A Bunzl Outsourcing Services Ltd
(AG2019/2976)

THE BUNZL DANDENONG DISTRIBUTION CENTRE AND NATIONAL UNION OF WORKERS (NUW) VIC ENTERPRISE AGREEMENT 2019

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COMMISSIONER CIRKOVIC	MELBOURNE, 24 SEPTEMBER 2019

Application for approval of the Bunzl Dandenong Distribution Centre and National Union of Workers (NUW) VIC Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bunzl Dandenong Distribution Centre and National Union of Workers (NUW) VIC 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 T/A Bunzl Outsourcing Services Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement was approved on 24 September 2019 and, in accordance with s.54, will operate from 1 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the matter of Bunzl Outsourcing Services Ltd T/A Bunzl Outsourcing Services Ltd, the Australian Industrial Relations Commission was presented with an application for the approval of the Bunzl Dandenong Distribution Centre and National Union of Workers (NUW) VIC Enterprise Agreement 2019. The National Union of Workers (Victorian Branch) was the applicant, and Bunzl Outsourcing Services Ltd was the respondent. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically regarding the changes in employment practices and the implications these had for the workforce.

The legal issues before the court encompassed whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing if the agreement provided for the fair and efficient resolution of workplace issues and whether it provided for the adequate protection of employees' rights. Additionally, the court had to determine if the agreement was made in good faith and if it adhered to the principles of the modern awards.

The court deliberated on the fairness and efficiency of the proposed agreement, evaluating whether it appropriately balanced the interests of both the employer and the employees. The commission considered submissions from both parties, focusing on the procedural fairness in the negotiation process and the substantive terms of the agreement. Ultimately, the court found that the agreement met the criteria for approval, as it provided for the fair and efficient resolution of workplace issues, ensured adequate protection of employees' rights, and was made in good faith. The court approved the enterprise agreement, confirming its compliance with the statutory requirements.

Bunzl Outsourcing Services Ltd T/A 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