The SDA – one of Australia’s largest unions – has accused Bunnings of attempting to game the bargaining system by changing the legal employer of part of its workforce as negotiations for a new agreement near conclusion.
The Fair Work Commission has called an urgent hearing to considers the SDA’s applications concerning Bunnings’ conduct during bargaining for Tool Kit Depot workers in South Australia.
Tool Kit Depot is a specialist retail business operated by Bunnings, selling tools, hardware and equipment to trade and retail customers.
Since May 2025, the SDA has been bargaining for a Tool Kit Depot enterprise agreement in South Australia. The proposed agreement would deliver approximately $2,300 a year in additional wages to full-time workers, along with improved employment conditions already agreed between Bunnings and the SDA.
The SDA is arguing that after a year of bargaining and reaching a largely concluded agreement, Bunnings is seeking to transfer Tool Kit Depot workers’ employment, stripping workers of their bargaining rights, and the improved wages and conditions they had secured.
Bunnings is seeking to transfer those workers to a separate company that is a wholly owned subsidiary of the Bunnings Group.
The transfer, scheduled to begin on 31 August 2026 and described by Bunnings as a trial, would leave workers unable to access the wage increases and conditions secured through bargaining.
Allowing an employer to simply move workers between related companies during bargaining would set a dangerous precedent and enable them to potentially restructure their workforce to escape bargaining obligations.
The SDA’s applications for a bargaining dispute, scope order and bargaining order will be heard by Deputy President Hampton of the Fair Work Commission on Friday August 28 at 11am.
Quotes attributable to Josh Peak, SDA SA & NT Branch Secretary
“Bunnings has launched an incredible attack against its own workers and their fundamental right to collectively bargain.”
“Bunnings is gaming the system. It cannot change the legal entity employing workers at the end of bargaining and expect that their bargaining rights simply disappear.”
“These workers are not leaving Bunnings. They will continue doing the same work, in the same business, within the same corporate group. The only thing changing is the company named on their employment contract.”
“The implications of this extend far beyond Tool Kit Depot and Bunnings. Allowing this would fundamentally undermine Australia’s modern bargaining framework.”
“If Bunnings can do this, what is to stop any large corporate employer from moving workers between related entities whenever bargaining becomes inconvenient?
“This is the sort of behaviour we would expect to see from the most anti-union, anti-worker employers – it is extraordinary to see it from Bunnings.”
“Bunnings aren’t following Wesfarmers’ own human rights commitment to freedom of association and collective bargaining.”