Bridgestone Australia Limited

Case

[2013] FWCA 2122

11 APRIL 2013

No judgment structure available for this case.

[2013] FWCA 2122

FAIR WORK COMMISSION

DECISION

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

Bridgestone Australia Limited
(AG2013/5767)

BRIDGESTONE AUSTRALIA LTD SOUTH AUSTRALIAN WAREHOUSE ENTERPRISE AGREEMENT 2013

Vehicle industry

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

ADELAIDE, 11 APRIL 2013

Application for approval of the Bridgestone Australia Ltd South Australian Warehouse Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd South Australian 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:

    “In relation to the above matter, Bridgestone Australia Ltd (“the Employer”) wish to confirm the applicable wage rates will be as per the attached Wages Schedule. Employees were made aware of the applicable rates prior to voting by receiving the attached schedule.

    These undertakings are made according to section 190 of the Fair Work Act 2009, and the Employer understands that these undertakings will be taken to be terms of the Agreement pursuant to section 191 of the Fair Work act 2009.”

[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] United Voice, 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 19 April 2013. The nominal expiry date of the Agreement is 18 April 2016.

SENIOR DEPUTY PRESIDENT

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