Bridgestone Australia Limited

[2013] FWCA 4584

FAIR WORK COMMISSION

DECISION

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

Bridgestone Australia Limited
(AG2013/7111)

BRIDGESTONE AUSTRALIA LTD SMEATON GRANGE WAREHOUSE ENTERPRISE AGREEMENT 2013

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 10 JULY 2013

Application for approval of the Bridgestone Australia Ltd Smeaton Grange Warehouse Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd Smeaton Grange Warehouse Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bridgestone Australia Limited. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

“.... Bridgestone Australia Ltd (“the Employer”) wish to confirm the applicable wage rates pertaining to the Bridgestone Australia Ltd Smeaton Grange Warehouse Enterprise Agreement 2013 will be in accordance with the Bridgestone Australia Ltd Smeaton Grange Warehouse Enterprise Agreement 2013 Wages Schedule. Employees were made aware of the applicable rates by receiving the wages schedule prior to voting.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[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) of the Act 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 18 July 2013. The nominal expiry date of the Agreement is 28 February 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bridgestone Australia Limited applied for the approval of the Bridgestone Australia Ltd Smeaton Grange Warehouse Enterprise Agreement 2013, which was to be administered by the Fair Work Commission. The applicant, Bridgestone, sought to implement changes to the terms of employment for its employees at the Smeaton Grange warehouse, including alterations to pay rates, shift patterns, and penalty rates. The dispute was brought before the Fair Work Commission to determine whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the procedural requirements of the Fair Work Act and whether it was in the best interests of the employees it covered. The Commission examined the process by which the agreement was negotiated, the extent of employee representation, and whether any unfair disadvantages were imposed on the employees. Additionally, the Commission considered whether the changes proposed by the agreement were fair and reasonable in light of the overall bargaining position of the parties.

The Fair Work Commission found that the negotiation process was fair and that employees had been adequately represented. The Commission also determined that the proposed changes to the agreement did not unjustifiably disadvantage the employees. The Commission concluded that the agreement was fair and reasonable and met the criteria for approval under the Fair Work Act. Consequently, the Commission approved the Bridgestone Australia Ltd Smeaton Grange Warehouse Enterprise Agreement 2013.

The final orders of the Fair Work Commission were that the Bridgestone Australia Ltd Smeaton Grange Warehouse Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. This approval would allow the changes proposed by the agreement to take effect, governing the terms of employment for the employees at the Smeaton Grange warehouse. The decision affirmed the agreement as a legitimate and binding arrangement between the employer and the employees, subject to the protections and obligations outlined in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established