DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2018/686)

BRIDGESTONE AUSTRALIA LTD. KEWDALE WA COMMERCIAL STORE ENTERPRISE AGREEMENT 2017

Vehicle industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Kewdale WA 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 Applicant 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 3 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court, Bridgestone Australia Ltd applied for approval of the Bridgestone Australia Ltd Kewdale WA Commercial Store Enterprise Agreement 2017. The dispute involved the terms and conditions of employment for staff at Bridgestone's Kewdale commercial store in Western Australia. The Fair Work Commission was required to consider whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The court had to determine whether the agreement was a "better off overall test" agreement, meaning it provided employees with no worse and at least one better term or condition of employment compared to their previous awards or agreements. The court also had to consider whether the agreement met the procedural requirements for approval, such as proper consultation with employees and the provision of necessary information.

The court found that the proposed agreement met the better off overall test, as it provided employees with improved terms and conditions of employment. The court also found that the procedural requirements for approval had been met, as the employer had engaged in proper consultation with employees and provided the necessary information. The court approved the agreement, highlighting the importance of the better off overall test in ensuring that employees benefit from enterprise agreements.

The court's approval of the Bridgestone Australia Ltd Kewdale WA Commercial Store Enterprise Agreement 2017 provides a clear example of the process and criteria for approving enterprise agreements under the Fair Work Act. The decision reinforces the importance of the better off overall test and the need for proper consultation and information provision in the agreement approval process.

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