DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2017/4174)

BRIDGESTONE AUSTRALIA LTD. WA WAREHOUSE ENTERPRISE AGREEMENT 2017

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 12 DECEMBER 2017

Application for approval of the Bridgestone Australia Ltd. WA Warehouse Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. WA Warehouse 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 and Annexure B. 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] 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 19 December 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

Bridgestone Australia Ltd, the employer, applied to the Fair Work Commission for the approval of the Bridgestone Australia Ltd. WA Warehouse Enterprise Agreement 2017. The application was opposed by the Australian Manufacturing Workers' Union (AMWU) and the Retail and Fast Food Workers' Union of Australia (RFFWU), representing the employees. The primary dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues before the court involved whether the agreement contained provisions that were contrary to public policy, failed to provide for the proper protection of employees' interests, or did not meet the requirements for good faith bargaining. The court had to assess the provisions of the agreement against these criteria to determine if it should be approved. Additionally, the court needed to consider if the agreement demonstrated a fair and reasonable balance between the interests of the employer and employees.

The Fair Work Commission found that the agreement was fair and reasonable, and did not contravene any legal standards. The court emphasised that the agreement contained provisions that protected the employees' interests and ensured compliance with the Fair Work Act. It was noted that the agreement was the result of genuine and meaningful negotiations between the employer and the unions. Consequently, the application for approval of the agreement was successful. The court ordered that the Bridgestone Australia Ltd. WA Warehouse Enterprise Agreement 2017 be approved and registered.

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