Bridgestone Australia Ltd

[2023] FWCA 2900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bridgestone Australia Ltd

(AG2023/3028)

BRIDGESTONE AUSTRALIA LTD. VICTORIAN WAREHOUSE ENTERPRISE AGREEMENT 2023

Vehicle industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 SEPTEMBER 2023

Application for approval of the Bridgestone Australia Ltd. Victorian Warehouse Enterprise Agreement 2023

Bridgestone Australia Ltd has made an application for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Victorian Warehouse Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the UWU.

The Agreement was approved on 8 September 2023 and, in accordance with s 54, it will operate from 15 September 2023. The nominal expiry date of the Agreement is 31 January 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bridgestone Australia Limited, sought approval of the Victorian Warehouse Enterprise Agreement 2023 from the Fair Work Commission. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement was fair and reasonable, considering various statutory factors, and whether it complied with the procedural requirements for enterprise agreements.

The legal issues before the Commission involved assessing whether the agreement covered the correct bargaining unit, if the bargaining process was genuine, and if the agreement's terms and conditions were fair and reasonable. Additionally, the Commission had to ensure that the agreement met the requirements for coverage and procedural fairness as prescribed by the Fair Work Act. The applicant argued that the agreement was the product of genuine bargaining and was fair and reasonable, while no objections were raised by the relevant employee representatives.

The Commission found that the bargaining process was genuine and that the agreement was fair and reasonable. The applicant provided evidence of the bargaining process, which satisfied the Commission that the agreement was the product of genuine bargaining. The terms and conditions of the agreement were considered fair and reasonable, taking into account the nature of the industry, the parties' bargaining positions, and the overall context of the agreement. The Commission was also satisfied that the agreement met the necessary coverage and procedural requirements. Consequently, the Fair Work Commission approved the Bridgestone Australia Limited Victorian Warehouse Enterprise Agreement 2023.

The Fair Work Commission approved the Bridgestone Australia Limited Victorian Warehouse Enterprise Agreement 2023, effective from the date of the decision. The agreement is to be registered by the applicant and will apply to the relevant employees covered by the agreement. The decision serves as a binding resolution on the parties and sets a precedent for similar agreements in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established