Bunzl Outsourcing Services T/A Bunzl Australia And New Zealand

[2022] FWCA 2964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bunzl Outsourcing Services T/A Bunzl Australia And New Zealand

(AG2022/3410)

The Bunzl Dandenong Distribution Centre and United Workers Union (UWU) VIC Enterprise Agreement 2022

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COMMISSIONER O'NEILL	MELBOURNE, 31 AUGUST 2022

Application for approval of The Bunzl Dandenong Distribution Centre and United Workers Union (UWU) VIC Enterprise Agreement 2022

Bunzl Outsourcing Services has applied for approval of an enterprise agreement known as The Bunzl Dandenong Distribution Centre and United Workers Union (UWU) VIC Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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.

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.

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.

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.

I observe that the clause 26.4.1 is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involves an application by Bunzl Outsourcing Services, trading as Bunzl Australia and New Zealand, and the United Workers Union (UWU) VIC for the approval of their enterprise agreement, the Bunzl Dandenong Distribution Centre and UWU VIC Enterprise Agreement 2022. The application was made to the Fair Work Commission, which is tasked with approving enterprise agreements that meet certain criteria.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements set out in the Fair Work Act 2009, particularly in relation to procedural fairness, the provision of information, and the terms and conditions outlined in the agreement. The Commission needed to determine if the agreement was made in good faith and if it provided for a fair and efficient workplace.

The Fair Work Commission found that the enterprise agreement was procedurally fair and that the parties had complied with the necessary procedural requirements. The Commission noted that the agreement contained provisions for the fair and efficient operation of the workplace, including terms on pay rates, hours of work, and other employment conditions. The Commission concluded that the agreement met the legal requirements for approval and was in the interests of the employees and the employer. The Commission approved the enterprise agreement.

The Fair Work Commission ordered that the Bunzl Dandenong Distribution Centre and UWU VIC Enterprise Agreement 2022 be approved and registered, effective from the date of the Commission's decision. The parties were directed to take all necessary steps to give effect to the agreement, including providing copies of the agreement to all relevant employees and the Fair Work Ombudsman. The decision was final and binding on the parties involved in the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established