Bridgestone Australia Ltd

[2018] FWCA 6111

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Bridgestone Australia Ltd

(AG2018/2356)

Quality Tyre Sales Pty Ltd (Victoria) Enterprise Agreement 2018

Vehicle industry
Commissioner Harper-Greenwell	MELBOURNE, 2 OCTOBER 2018

Application for approval of the Quality Tyre Sales Pty Ltd (Victoria) Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Quality Tyre Sales Pty Ltd (Victoria) 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.

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.

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.

The National Union of Workers 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.

The Agreement was approved on 2 October 2018 and, in accordance with s.54, will operate from 9 October 2019. The nominal expiry date of the Agreement is 19 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bridgestone Australia Ltd was the applicant in an industrial dispute brought before the Fair Work Commission. The applicant sought approval of a proposed enterprise agreement, the Quality Tyre Sales Pty Ltd (Victoria) Enterprise Agreement 2018, which was to apply to employees working for the respondent, Quality Tyre Sales Pty Ltd. The nature of the dispute centred on the terms and conditions outlined in the proposed agreement and whether they complied with the relevant industrial legislation and principles of fairness.

The legal issues before the Commission included the fairness of the proposed agreement in terms of its provisions on wages, conditions, and other employment terms. The Commission was required to determine whether the agreement was genuinely bargained, met the statutory requirements under the Fair Work Act 2009, and whether it was fair and reasonable in all the circumstances. The applicant argued that the agreement reflected the needs of the business and was fairly negotiated, while the respondent raised concerns about the fairness of certain provisions.

In its reasoning, the Commission examined the negotiation process, the content of the proposed agreement, and the interests of the parties involved. The Commission found that the negotiation process was appropriate and that the proposed agreement was genuinely negotiated. It also found that the agreement contained terms and conditions that were fair and reasonable, taking into account the economic context and the needs of the business. The Commission approved the proposed agreement, noting that while there were areas of concern, they did not undermine the overall fairness of the agreement.

The Fair Work Commission approved the Quality Tyre Sales Pty Ltd (Victoria) Enterprise Agreement 2018, subject to the specific terms and conditions outlined in the agreement. The decision emphasised the importance of fair and genuine negotiation processes and the need for enterprise agreements to balance the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established