Bunzl Outsourcing Services Ltd Trading AS Bunzl Australia And New Zealand

[2025] FWCA 3424

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bunzl Outsourcing Services Ltd Trading AS Bunzl Australia And New Zealand

(AG2025/3026)

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

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DEPUTY PRESIDENT CROSS	SYDNEY, 13 OCTOBER 2025

Application for approval of the Bunzl Dandenong Distribution Centre and United Workers Union (UWU) VIC Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Bunzl Dandenong Distribution Centre and United Workers Union (UWU) VIC Enterprise Agreement 2025 (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 Trading AS Bunzl Australia And New Zealand. The Agreement is a single enterprise agreement.

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.

I note that the Agreement contains an NES precedence clause at cl.7.2, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The United Workers' Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between Bunzl Outsourcing Services Ltd Trading as Bunzl Australia and New Zealand, and the United Workers Union (UWU) VIC, pertains to the approval of the Bunzl Dandenong Distribution Centre and UWU Enterprise Agreement 2025. The matter was brought before the Fair Work Commission, which was tasked with deciding whether the proposed enterprise agreement should be approved under the Fair Work Act 2009. The union and the employer had reached an agreement on various terms and conditions of employment, which was then submitted for formal approval by the Commission.

The primary legal issues before the Commission involved whether the proposed agreement met the procedural and substantive requirements for approval under the Fair Work Act. This included verifying that the agreement was genuinely negotiated between the parties, that it addressed the relevant matters within the scope of the enterprise, and that it did not contain any terms that were unfair or contrary to public policy. Additionally, the Commission needed to assess if the agreement provided adequate protections for employees, including those who might be affected by changes in work practices or the introduction of new technologies.

The Commission found that the agreement had been genuinely negotiated and contained terms that were fair and reasonable. It was noted that the agreement comprehensively addressed various employment matters, including wages, working conditions, and dispute resolution mechanisms. The Commission concluded that the proposed agreement did not include any terms that were unfair or contrary to public policy, and it provided sufficient protections for the employees. Therefore, the Commission approved the Bunzl Dandenong Distribution Centre and UWU Enterprise Agreement 2025, determining that it met all the necessary legal criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established