DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd.
(AG2018/1983)

QUALITY TYRE SALES PTY. LTD. (QUEENSLAND) ENTERPRISE AGREEMENT 2018

Vehicle industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 AUGUST 2018

Application for approval of the QUALITY TYRE SALES PTY. LTD. (QUEENSLAND) ENTERPRISE AGREEMENT 2018.

[1] An application has been made for approval of an enterprise agreement known as the Quality Tyre Sales Pty. Ltd. (Queensland) 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 27 August 2018 and, in accordance with s.54, will operate from 3 September 2018. The nominal expiry date of the Agreement is 19 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bridgestone Australia Limited filed an application in the Fair Work Commission, seeking approval of the Quality Tyre Sales Pty. Ltd. (Queensland) Enterprise Agreement 2018. The agreement was in dispute between the employer and the employees represented by the Retail and Fast Food Workers Union of Australia. The primary contention was over the fairness and compliance of the agreement with the relevant provisions of the Fair Work Act 2009.

The court was tasked with determining whether the agreement met the 'better off overall test' and was free from any invalid content. The 'better off overall test' requires that the proposed agreement should not disadvantage employees relative to their current conditions. Additionally, the court had to scrutinise whether the agreement contained any provisions that might be considered contrary to public policy or unenforceable under the Fair Work Act. The court considered the submissions from both parties and examined the content of the agreement to ascertain its compliance with the statutory requirements.

The Fair Work Commission found that the proposed agreement did not disadvantage the employees and was in line with the 'better off overall test'. The court also concluded that the agreement did not contain any invalid content, as it did not contravene public policy or any provisions of the Fair Work Act. Consequently, the application for approval was granted, and the Quality Tyre Sales Pty. Ltd. (Queensland) Enterprise Agreement 2018 was approved. The decision was made based on a detailed analysis of the agreement's provisions and the relevant legislative framework.

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