DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd.
(AG2018/1331)

BRIDGESTONE AUSTRALIA LTD. ROCKLEA COMMERCIAL STORE ENTERPRISE AGREEMENT 2017

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 17 AUGUST 2018

Application for approval of the Bridgestone Australia Ltd. Rocklea Commercial Store Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Rocklea Commercial Store Enterprise Agreement 2017 (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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bridgestone Australia Ltd. sought approval of a new enterprise agreement from the Fair Work Commission. The proposed agreement aimed to govern the employment terms of staff at the Rocklea commercial store. The dispute arose between the company and the union representing the employees, who contested certain provisions of the agreement. The matter was brought before the Fair Work Commission to determine whether the agreement met the legal criteria for approval.

The central legal issues before the Commission were whether the agreement was made in good faith, if it appropriately covered the employees, and whether it adhered to the relevant provisions of the Fair Work Act. A particular point of contention was the proposed reduction in the number of union representatives and the implications this had for employee representation. The Commission also had to consider if the agreement provided adequate protections and benefits for the employees.

In delivering its decision, the Fair Work Commission found that the agreement had been made in good faith and was comprehensive in its coverage of the employees. The Commission acknowledged the reduction in union representation but concluded that the remaining representatives were sufficient to ensure adequate employee participation in the agreement. Additionally, the Commission determined that the agreement provided fair and reasonable terms, taking into account the overall benefits and protections it afforded to the employees. As a result, the Fair Work Commission approved the Bridgestone Australia Ltd. Rocklea Commercial Store Enterprise Agreement 2017.

The Commission's final orders included the approval of the enterprise agreement, subject to certain conditions to ensure compliance with the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would apply to the specified employees from the date of approval.

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