DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bandag Manufacturing Pty Limited T/A Bridgestone Australia Ltd
(AG2017/354)

BANDAG MANUFACTURING PTY LTD - ENGINEERING - ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 27 MARCH 2017

Application for approval of the Bandag Manufacturing Pty Ltd - Engineering - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bandag Manufacturing Pty Ltd - Engineering - 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 Bandag Manufacturing Pty Limited T/A Bridgestone Australia 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 3 April 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Bandag Manufacturing Pty Limited trading as Bridgestone Australia Limited, which applied to the Fair Work Commission for the approval of the Bandag Manufacturing Pty Ltd - Engineering - Enterprise Agreement 2016. The application was heard by the Commission, which was required to determine whether the agreement met the criteria set out in the Fair Work Act 2009. The legal issues before the Commission included whether the agreement provided for the appropriate processes to be followed in the event of a dispute arising from the agreement, and whether the agreement included provisions that were contrary to the public interest.

The Commission found that the agreement did provide for appropriate dispute resolution processes and that the provisions did not conflict with the public interest. The Commission noted that the agreement included provisions for mediation and conciliation before any disputes were escalated to arbitration. The Commission also found that the agreement did not include any provisions that were contrary to the public interest, such as provisions that would allow for the exploitation of employees or undermine the rights of employees to organise and participate in industrial activities. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both parties and approved the agreement.

The Fair Work Commission approved the Bandag Manufacturing Pty Ltd - Engineering - Enterprise Agreement 2016, finding that it met the criteria set out in the Fair Work Act 2009. The Commission found that the agreement provided for appropriate dispute resolution processes and did not include any provisions that were contrary to the public interest. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both parties and approved the agreement. The approval of the agreement will ensure that employees of Bandag Manufacturing Pty Limited trading as Bridgestone Australia Limited will have a fair and reasonable enterprise agreement that provides for their rights and interests.

Bandag Manufacturing Pty Limited T/A Bridgestone Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established