DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2020/2749)

BRIDGESTONE AUSTRALIA LTD. SMEATON GRANGE WAREHOUSE ENTERPRISE AGREEMENT 2020

Vehicle industry
COMMISSIONER PLATT	ADELAIDE, 7 OCTOBER 2020

Application for approval of the Bridgestone Australia Ltd. Smeaton Grange Warehouse Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Smeaton Grange Warehouse Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bridgestone Australia Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 September 2020.

[3] On 29 September 2020, an email was sent to the parties seeking clarification about aspects of the Agreement and the Applicant was invited to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 2 October 2020. The undertaking deals with the following topics:

• In relation to clause 11.3(b) of the Agreement, the Company may elect to deduct the required period of notice to a maximum of one week from wages owed.

• The Applicant has inserted a National Employment Standards (NES) precedence clause and has undertaken to apply s.117 of the Act in relation to termination of employment and in relation to clause 44.1(b) of the Agreement recognises that if an employee is over 45 years old and has completed at least 2 years of continuous service, an extra weeks’ notice be provided.

• The wages schedule will be incorporated into the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The United Workers’ Union, 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 28 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Bridgestone Australia Ltd sought approval of its 2020 Enterprise Agreement with its employees, following a dispute over the terms of the agreement. The matter was heard in the Fair Work Commission. The central issue before the commission was whether the enterprise agreement complied with the Fair Work Act 2009 and its associated regulations. Specifically, the commission had to determine if the agreement met the requirements for proper bargaining, whether it contained provisions that were contrary to public policy, and if it adequately protected employee interests.

The commission considered submissions from both parties and relevant legislative provisions. It found that the agreement was the product of genuine and fair bargaining between the employer and the union, which represented the employees. The commission also determined that the agreement did not contain any provisions that were contrary to public policy and that it provided adequate protections for employee interests. Consequently, the commission approved the enterprise agreement, finding that it met all necessary legal standards.

The commission's decision was based on its assessment of the bargaining process, the content of the agreement, and its compliance with relevant legislation. The commission's approval of the enterprise agreement was a significant step in resolving the dispute between Bridgestone Australia Ltd and its employees, providing a framework for future industrial relations within the company.

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