Bridgestone Australia Ltd

[2020] FWCA 5349

[2020] FWCA 5349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2020/2758)

BRIDGESTONE AUSTRALIA LTD. WA WAREHOUSE ENTERPRISE AGREEMENT 2020

Vehicle industry
COMMISSIONER PLATT	ADELAIDE, 7 OCTOBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. WA 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 28 September 2020, an email was sent to the parties to seek 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 9.3 (Consultation) of the Agreement, the Applicant will invite employees to give their views about the impact of change.

•  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 41.1(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 31 March 2023.

COMMISSIONER

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