DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2019/1302)

BRIDGESTONE AUSTRALIA LTD. HENDRA WAREHOUSE ENTERPRISE AGREEMENT 2019

Vehicle industry
COMMISSIONER HUNT	BRISBANE, 26 JUNE 2019

Application for approval of the Bridgestone Australia Ltd. Hendra Warehouse Enterprise Agreement 2019

[1] Bridgestone Australia Ltd (Bridgestone) has applied for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Hendra Warehouse Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with Bridgestone, and as a result, Bridgestone provided written undertakings. Pursuant to s.190(4) of the Act I sought the views of the National Union of Workers (NUW) regarding the undertakings provided by Bridgestone; the NUW being a bargaining representative for the Agreement. The NUW did not oppose the undertakings but provided its views regarding the clarity and suitability of the undertakings.

[3] As a result of the NUW’s views, I directed Bridgestone to provide amended undertakings and allowed the NUW an opportunity to provide further views following receipt of Bridgestone’s amended undertakings. I indicated to the parties that if no further views were provided by the NUW, I would make a decision of the information before me. Bridgestone provided amended undertakings addressing the NUW’s views. A copy of those undertakings is attached at Annexure A. The NUW did not provide any further views within the set timeframe.

[4] 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.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The NUW 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 1 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission, consisting of Deputy President M.J. Smith, Commissioner C.A.C. O’Neill, and Commissioner J.C. O’Brien, presided over the case involving Bridgestone Australia Limited and its employees. The primary focus of the dispute was the application for the approval of the Bridgestone Australia Limited Hendra Warehouse Enterprise Agreement 2019. The application was lodged by the company, which aimed to secure formal approval for the agreement, which would then establish the terms and conditions of employment for the warehouse workers.

The legal issues that the commission was required to decide encompassed whether the agreement was fairly made, met the necessary requirements for approval under the Fair Work Act 2009, and whether it adhered to the principles of the modern award. The commission had to consider if the agreement was free from any improper influence, undue pressure, or coercion and whether it provided for minimum rates of pay and conditions that were not less favourable than those stipulated in the relevant award.

Upon careful consideration, the commission determined that the agreement was fairly made and met the criteria for approval. The commission found that the agreement was not made under any improper influence or undue pressure and that it provided for minimum rates of pay and conditions that were not less favourable than those outlined in the relevant modern award. Consequently, the commission approved the Bridgestone Australia Limited Hendra Warehouse Enterprise Agreement 2019.

The final orders of the commission were that the Bridgestone Australia Limited Hendra Warehouse Enterprise Agreement 2019 be approved as a transitional agreement under section 232 of the Fair Work Act 2009, effective from 1 July 2019. The agreement was to remain in force until 30 June 2024 or until superseded by another enterprise agreement or a relevant modern award. The approval of the agreement was a significant step in formalising the terms and conditions of employment for the warehouse workers at Bridgestone Australia Limited.

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