DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunzl Outsourcing Services Pty Ltd
(AG2016/6065)

THE BUNZL SCORESBY DISTRIBUTION CENTRE AND NATIONAL UNION OF WORKERS (NUW) VIC ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 7 NOVEMBER 2016

Application for approval of The Bunzl Scoresby Distribution Centre and National Union of Workers (NUW) VIC Enterprise Agreement 2016.

[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 2016 (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 Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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.

[4] Pursuant to s.205(2) of the Act, the model consultation 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 7 November 2016 and, in accordance with s.54, will operate from 14 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Bunzl Outsourcing Services Pty Ltd and the National Union of Workers (NUW) VIC Branch, with the dispute being an application for the approval of their 2016 Enterprise Agreement. This application was heard in the Fair Work Commission (FWC), a tribunal with jurisdiction to make binding decisions in industrial relations matters. The crux of the dispute was whether the proposed Enterprise Agreement, which contained various terms and conditions of employment, was in compliance with the relevant industrial legislation and whether it had been fairly and properly negotiated.

The legal issues the court had to address were primarily centred on the formal validity of the Enterprise Agreement and whether it had been genuinely negotiated. This involved examining whether the agreement had been made in accordance with the necessary procedures, whether the union and employer had genuinely bargained over the terms, and whether the terms of the agreement were fair and reasonable. The FWC also had to consider whether the agreement met the requirements of the Fair Work Act 2009 and if it was consistent with the Fair Work (Registered Organisations) Act 2009.

The FWC, after considering the submissions and evidence from both parties, concluded that the Enterprise Agreement was validly negotiated and met all the statutory requirements. The tribunal found that the agreement was fair and reasonable, taking into account the overall balance of the rights and obligations it established. The FWC held that the agreement was consistent with the purpose of the Fair Work Act and did not contain any terms that were contrary to public policy. Consequently, the FWC approved the Enterprise Agreement as a registered agreement.

The FWC’s decision approved the Bunzl Scoresby Distribution Centre and NUW VIC Enterprise Agreement 2016, which would now govern the employment terms and conditions for the workers at the Scoresby Distribution Centre. The approval meant that the agreement could be registered and enforced as a binding industrial instrument under the Fair Work Act.

Bunzl Outsourcing Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established