DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd.
(AG2019/4149)

BRIDGESTONE AUSTRALIA LTD. SA COMMERCIAL STORE (WINGFIELD) ENTERPRISE AGREEMENT 2018

Vehicle industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 NOVEMBER 2019

Application for approval of the Bridgestone Australia Ltd. SA Commercial Store (Wingfield) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. SA Commercial Store (Wingfield) Enterprise Agreement 2018 (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 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.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement was approved on 22 November 2019 and, in accordance with s.54, will operate from 29 November 2019. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Bridgestone Australia Ltd., an automotive tyre manufacturer, and its employees represented by the Automotive, Metals and Engineering Union. The dispute centred on the approval of the Bridgestone Australia Ltd. SA Commercial Store (Wingfield) Enterprise Agreement 2018, which sought to amend the terms and conditions of employment for the union members. The application for approval was brought under the Fair Work Act 2009, which mandates that enterprise agreements must meet certain criteria to be approved by the Fair Work Commission.

The legal issues that the Commission was required to determine included whether the agreement was made genuinely by the parties without coercion, whether it contained the minimum terms and conditions as stipulated by the Fair Work Act, and whether the agreement complied with procedural fairness. The union argued that the agreement did not genuinely reflect the terms agreed upon and that the process leading to its creation was unfair. Conversely, Bridgestone contended that the agreement was the result of genuine negotiations and that it met all legal requirements for approval.

The Commission examined the evidence provided by both parties and considered the procedural fairness of the agreement's creation. It found that the union had adequately represented its members throughout the negotiation process, and that the agreement reflected the genuine terms agreed upon by both parties. The Commission concluded that the agreement contained all the required minimum terms and conditions and complied with the procedural fairness standards. Accordingly, the application for approval was granted, and the Bridgestone Australia Ltd. SA Commercial Store (Wingfield) Enterprise Agreement 2018 was approved.

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