DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd.
(AG2017/6400)

BRIDGESTONE AUSTRALIA LTD. VICTORIAN COMMERCIAL STORES ENTERPRISE AGREEMENT 2017

Vehicle industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 MAY 2018

Application for approval of the Bridgestone Australia Ltd. Victorian Commercial Stores Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Victorian Commercial Stores 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. 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] 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 was approved on 15 May 2018 and, in accordance with s.54, will operate from 22 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bridgestone Australia Ltd. was involved in a dispute regarding the approval of the Victorian Commercial Stores Enterprise Agreement 2017. The applicant sought the Fair Work Commission's (FWC) approval of the agreement, which was intended to regulate the terms and conditions of employment for employees working in commercial stores in Victoria. The Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009.

The central legal issues before the Commission included whether the agreement adequately covered all employees it purported to cover, whether the agreement provided for genuine bargaining, and whether the agreement complied with the provisions of the Fair Work Act. Additionally, the Commission needed to consider whether the agreement was in the public interest and whether it provided for appropriate dispute resolution mechanisms.

In its decision, the Commission found that the agreement met the legislative requirements for approval. It concluded that the agreement had been genuinely bargained for, was in the public interest, and provided for appropriate dispute resolution mechanisms. The Commission noted that the agreement covered all employees it was intended to cover and provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the agreement, finding it to be compliant with the Fair Work Act and suitable for registration.

The Fair Work Commission approved the Bridgestone Australia Ltd. Victorian Commercial Stores Enterprise Agreement 2017, finding it to be in compliance with the Fair Work Act and in the public interest. The agreement was registered, and the terms and conditions of employment for the relevant employees were set out in the approved agreement.

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