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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bridgestone Australia Ltd recently appeared before the Fair Work Commission (FWC) in an application for the approval of the Bridgestone Australia Ltd. WA Warehouse Enterprise Agreement 2020. The applicant, Bridgestone, sought to have the agreement approved under the Fair Work Act 2009. The application was opposed by the Transport Workers Union of Australia (TWU). The dispute centred on whether the proposed enterprise agreement complied with the relevant legislative and regulatory requirements, including the provisions for employee representation, procedural fairness, and the overall fairness of the agreement's terms.

The legal issues before the Commission involved the interpretation of the statutory requirements for enterprise agreements, including the role of employee representation, procedural fairness, and the substance of the agreement's terms. The primary focus was on whether the agreement met the necessary criteria for approval, specifically the requirements that it provide for a fair and effective means of employee representation and procedural fairness, and that its terms were fair and reasonable. Additionally, the Commission needed to determine whether the agreement was appropriately negotiated and if it complied with the provisions of the Fair Work Act.

The Commission carefully reviewed the application and the opposition, considering the evidence and submissions from both parties. The Commission found that the proposed agreement satisfied the statutory requirements for approval. It was determined that the agreement provided for fair and effective employee representation and procedural fairness, and that its terms were fair and reasonable. The Commission also concluded that the agreement was appropriately negotiated and met all the necessary criteria for approval under the Fair Work Act. Based on these findings, the Commission approved the Bridgestone Australia Ltd. WA Warehouse Enterprise Agreement 2020.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The Commission directed that the agreement be registered with the Fair Work Ombudsman and that it be provided to all relevant parties. The decision confirmed the agreement as a binding framework for the employment relationship between Bridgestone and its warehouse employees in Western Australia.

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