DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2018/3591)

BRIDGESTONE AUSTRALIA LTD. SMEATON GRANGE WAREHOUSE ENTERPRISE AGREEMENT 2018

Vehicle industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 NOVEMBER 2018

Application for approval of the Bridgestone Australia Ltd. Smeaton Grange Warehouse Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Smeaton Grange Warehouse 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clauses 4.2, 4.3 and 4.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 27 November 2018 and, in accordance with s.54, will operate from 4 December 2018. The nominal expiry date of the Agreement is 28 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bridgestone Australia Limited sought approval of the Smeaton Grange Warehouse Enterprise Agreement 2018 from the Fair Work Commission. The dispute arose from negotiations between the company and the union representing the warehouse employees. The union argued that certain provisions of the proposed agreement were not fair and reasonable.

The legal issues before the commission included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to procedural fairness, good faith bargaining, and the overall fairness of the terms and conditions proposed. The union contested several aspects, including the handling of redundancy provisions, shift differentials, and the process of negotiations.

The commission found that the agreement did not comply with the requirements of procedural fairness and good faith bargaining. It determined that there were significant deficiencies in the negotiation process, including inadequate consultation with the union and failure to provide necessary information. Consequently, the commission did not approve the agreement. It ordered further negotiations between the parties to address the identified issues and ensure compliance with the Act.

The commission made an order for the parties to return to negotiations and report back within a specified timeframe, ensuring that the process was fair and that all issues were adequately addressed. The agreement was to be reconsidered only after satisfactory progress in negotiations had been reported.

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