Bridgestone Australia Ltd

[2023] FWCA 2688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bridgestone Australia Ltd

(AG2023/2640)

NSW COMMERCIAL STORES ENTERPRISE AGREEMENT 2023 – WETHERILL PARK, EASTERN CREEK, SILVERWATER, UNANDERRA & MASCOT

2023 – Wetherill Park, Eastern Creek, Silverwater, Unanderra & Mascot

Retail industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 AUGUST 2023

Application by Bridgestone Australia Ltd for approval of the NSW Commercial Stores Enterprise Agreement 2023 – Wetherill Park, Eastern Creek, Silverwater, Unanderra & Mascot

An application has been made for approval of an enterprise agreement to be known as the NSW Commercial Stores Enterprise Agreement 2023 – Wetherill Park, Eastern Creek, Silverwater, Unanderra & Mascot (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bridgestone Australia Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 21 August 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Vehicle Repair, Services and Retail Award 2020, and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Model consultation and flexibility terms

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.[1]

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2023. The nominal expiry date of the Agreement is 17 April 2026.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act 2009 (FW Act), that commenced operation on 6 June 2023. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was before 6 June 2023. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made after 6 June 2023.

Printed by authority of the Commonwealth Government Printer

The applicant, Bridgestone Australia Ltd, applied to the Fair Work Commission for the approval of the NSW Commercial Stores Enterprise Agreement 2023, which governs the employment conditions of certain employees in their stores at Wetherill Park, Eastern Creek, Silverwater, Unanderra, and Mascot. The application was made under the Fair Work Act 2009, specifically section 233, which outlines the process for the approval of an enterprise agreement. The application followed the submission of the agreement by the applicant and the Fair Work Commission's subsequent consideration of the agreement to determine its compliance with the relevant legal framework.

The primary legal issue before the Commission was whether the agreement met all the necessary criteria for approval under the Fair Work Act. This included assessing whether the agreement provided for a fair and efficient method of determining pay and conditions, whether it contained any unfair content, and whether it complied with the requirements for good faith bargaining. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees it covered.

The Commission found that the agreement met all the statutory requirements for approval. It determined that the agreement provided for a fair and efficient method of determining pay and conditions, contained no unfair content, and complied with the good faith bargaining obligations. Furthermore, the Commission was satisfied that the agreement was in the best interests of the employees it covered, taking into account the evidence presented and the nature of the bargaining process. As such, the application for approval was successful.

The Fair Work Commission approved the NSW Commercial Stores Enterprise Agreement 2023 for the stores at Wetherill Park, Eastern Creek, Silverwater, Unanderra, and Mascot. This approval is effective from the date specified in the agreement and will govern the employment conditions of the employees covered by the agreement. The Commission's decision is final and binding on the parties, and it will remain in effect until it is superseded by a new agreement or until it is terminated or varied by the Commission in accordance with the Fair Work Act.

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