Bunzl Outsourcing Services Pty Ltd Summary

[2013] FWCA 7084

FAIR WORK COMMISSION

DECISION

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

Bunzl Outsourcing Services Pty Ltd
(AG2013/2800)

BUNZL SCORESBY DISTRIBUTION CENTRE AND NATIONAL UNION OF WORKERS (NUW) VIC ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2013

Application for approval of the Bunzl Scoresby Distribution Centre and National Union of Workers (NUW) VIC Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bunzl Scoresby Distribution Centre and National Union of Workers (NUW) VIC Enterprise Agreement 2013 (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 Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[3] The National Union of Workers 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2013. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for approval of an enterprise agreement between Bunzl Outsourcing Services Pty Ltd and the National Union of Workers (NUW) VIC. The application was heard in the Fair Work Commission, Australia’s workplace relations tribunal. The agreement in question pertains to the Bunzl Scoresby Distribution Centre, and the union and the employer sought the commission's approval under the Fair Work Act 2009.

The central legal issues the court had to address included whether the agreement was made in good faith, whether it contained the required minimum terms and conditions as stipulated by the Act, and whether it complied with the procedural requirements for enterprise agreements. Specifically, the court needed to determine if the necessary consultations were conducted and if the agreement was fairly and genuinely negotiated between the parties.

In its reasoning, the commission found that the agreement was indeed made in good faith and contained all the necessary minimum terms and conditions. The procedural aspects were also in order, with adequate consultations having been undertaken. The commission highlighted that the agreement provided a fair balance of rights and obligations between the parties and was consistent with the principles of the Act. The outcome was that the commission approved the enterprise agreement, confirming its compliance with the statutory requirements and its appropriateness for the workforce at the Bunzl Scoresby Distribution Centre.

Bunzl Outsourcing Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established