Bridgestone Australia Limited

[2013] FWCA 491

FAIR WORK COMMISSION

DECISION

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

Bridgestone Australia Limited
(AG2013/4252)

BRIDGESTONE AUSTRALIA LTD QUEENSLAND WAREHOUSES COLLECTIVE WORKPLACE AGREEMENT 2012

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 23 JANUARY 2013

Application for approval of the Bridgestone Australia Ltd Queensland Warehouses Collective Workplace Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd Queensland Warehouses Collective Workplace Agreement 2012 (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 will be as per the attached Wages Schedule. Employees were made aware of the applicable rates prior to voting by receiving the attached schedule.”

[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 31 January 2013. The nominal expiry date of the Agreement is 25 September 2015.

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 Queensland Warehouses Collective Workplace Agreement 2012. The applicant argued that the agreement, which was to be registered under the Fair Work Act 2009, was appropriate for registration as it met the requirements of the Act and was the outcome of genuine bargaining. The respondent, the Transport Workers Union, opposed the application on the basis that the agreement did not reflect the true terms of the workplace arrangement and that it was not the product of genuine bargaining.

The court considered whether the agreement was made in good faith and whether it was genuinely negotiated. The court examined the bargaining process and the evidence provided to determine if the agreement was appropriately reached. It also evaluated the content of the agreement to ascertain whether it complied with the legal standards set out in the Fair Work Act 2009.

The court found that the agreement was the result of genuine bargaining and complied with the requirements of the Fair Work Act 2009. It approved the application and registered the agreement. The court highlighted the importance of genuine bargaining in workplace agreements and noted that the evidence presented supported the conclusion that the agreement was appropriately negotiated and reflected the terms of the workplace arrangement.

The final orders included the registration of the Bridgestone Australia Ltd Queensland Warehouses Collective Workplace Agreement 2012, confirming its validity and enforceability under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established