DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2020/1457)

BRIDGESTONE AUSTRALIA LTD. VICTORIAN WAREHOUSE ENTERPRISE AGREEMENT 2020

Vehicle industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 JUNE 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Victorian Warehouse Enterprise Agreement 2020 (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant sought that the wage rates be kept confidential between the parties. Pursuant to s.594(1) of the Act, I order that the wage rates be kept confidential between the parties.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 17 June 2020 and, in accordance with s.54, will operate from 24 June 2020. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bridgestone Australia Limited applied for the approval of the Bridgestone Australia Limited Victorian Warehouse Enterprise Agreement 2020. The application was heard in the Fair Work Commission. The agreement sought to be approved was entered into between the company and its employees represented by the National Transport Workers Union (Victorian Branch) and the Maritime Union of Australia (Victorian Branch). The application was opposed by the unions who argued that the agreement did not meet the requirements of the Fair Work Act 2009 (Cth).

The central legal issue was whether the agreement complied with the Fair Work Act. The unions argued that the agreement did not fairly and accurately record the terms of employment of the employees and that it did not comply with the "better-off-overall test". The company contended that the agreement was fair and accurate, and that it met the better-off-overall test. The court needed to determine whether the agreement was properly entered into, accurately recorded the terms of employment, and whether it was fair and met the better-off-overall test.

The Fair Work Commission found that the agreement was fairly and accurately recorded the terms of employment and met the better-off-overall test. The Commission noted that the agreement had been entered into after good faith bargaining between the parties and that the terms of the agreement were fair and reasonable. The Commission also found that the agreement provided for a number of benefits for the employees, including increased pay rates, improved leave entitlements, and better working conditions. The Commission concluded that the agreement met the requirements of the Fair Work Act and approved the application for approval of the agreement.

The Fair Work Commission approved the application for approval of the Bridgestone Australia Limited Victorian Warehouse Enterprise Agreement 2020. The Commission found that the agreement was fairly and accurately recorded the terms of employment, was entered into after good faith bargaining, and met the better-off-overall test. The agreement provides for a number of benefits for the employees and is fair and reasonable. The Commission approved the application for approval of the agreement.

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