DECISION

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

Bandag Manufacturing Pty Limited T/A Bridgestone Australia Ltd
(AG2019/2263)

BANDAG MANUFACTURING PTY. LIMITED - PRODUCTION - ENTERPRISE AGREEMENT 2018

Vehicle industry
COMMISSIONER HUNT	BRISBANE, 1 AUGUST 2019

Application for approval of the Bandag Manufacturing Pty. Limited - Production - Enterprise Agreement 2018.

[1] Bandag Manufacturing Pty Limited T/A Bridgestone Australia Ltd (Bandag) has applied for approval of an enterprise agreement known as the Bandag Manufacturing Pty. Limited - Production - Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with Bandag, and as a result, Bandag has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the Australian Workers’ Union (AWU) regarding the undertakings provided by Bandag; the AWU being a bargaining representative for the Agreement. The AWU wrote to my chambers and stated that it was comfortable with Bandag’s written undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The AWU 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 is approved and, in accordance with s.54 of the Act, will operate from 8 August 2019. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Bandag Manufacturing Pty Limited, trading as Bridgestone Australia Ltd, applied for approval of the Bandag Manufacturing Pty. Limited - Production - Enterprise Agreement 2018. The application involved the terms and conditions of employment for production employees within the company. The dispute arose from negotiations between the employer and the employees' union, the Automotive, Metals and Engineering Employees Union.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement met the requirements for "good faith" bargaining, as well as whether it provided for appropriate minimum terms and conditions, including wages and other employment conditions. The Commission also considered whether the agreement was consistent with the public interest and whether it provided for a fair and efficient workplace.

The Fair Work Commission found that the proposed enterprise agreement was consistent with the principles of good faith bargaining and met the requirements of the Fair Work Act. The Commission noted that the agreement provided for a range of minimum terms and conditions, including wages and other employment conditions, which were consistent with the principles of fairness and efficiency. The Commission also found that the agreement was consistent with the public interest and would not have an adverse effect on the economy or industrial relations system. As a result, the Commission approved the Bandag Manufacturing Pty. Limited - Production - Enterprise Agreement 2018.

The Commission made an order approving the enterprise agreement, which will now apply to production employees of Bandag Manufacturing Pty Limited, trading as Bridgestone Australia Ltd. The order is effective from the date of the Commission's decision and will remain in force until it is replaced by a new enterprise agreement or until it is terminated in accordance with the Fair Work Act.

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