DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2017/4249)

BRIDGESTONE AUSTRALIA LTD. NSW COMMERCIAL STORES ENTERPRISE AGREEMENT 2017 – WETHERILL PARK, EASTERN CREEK, SILVERWATER & UNANDERRA

Vehicle industry
COMMISSIONER WILSON	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Bridgestone Australia Ltd NSW Commercial Stores Enterprise Agreement 2017 - Wetherill Park, Eastern Creek, Silverwater & Unanderra.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd NSW Commercial Stores Enterprise Agreement 2017 - Wetherill Park, Eastern Creek, Silverwater & Unanderra (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] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 17 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bridgestone Australia Ltd sought approval for the NSW Commercial Stores Enterprise Agreement 2017, which covered employees at their Wetherill Park, Eastern Creek, Silverwater, and Unanderra stores. The dispute arose due to objections from certain parties regarding the terms of the agreement. The Fair Work Commission was tasked with reviewing and deciding whether to approve the agreement.

The primary legal issues before the Commission involved the fairness and appropriateness of the agreement's terms. Specifically, the objections raised questions about whether the agreement met the requirements for "genuine agreement" and if it was fair and appropriate for the employees involved. The Commission had to assess if the agreement was negotiated in good faith, if it contained terms that were fair and reasonable, and if it complied with the necessary legal standards.

The Commission thoroughly examined the negotiation process, the content of the agreement, and the objections raised. It found that the agreement had been negotiated in good faith and that the terms were fair and appropriate for the employees. The Commission was satisfied that the agreement met all legal requirements for approval. Consequently, it decided to approve the Bridgestone Australia Ltd NSW Commercial Stores Enterprise Agreement 2017.

The Fair Work Commission approved the Bridgestone Australia Ltd NSW Commercial Stores Enterprise Agreement 2017, effective from the date of the decision. This approval ensures that the terms and conditions of employment for the employees at the specified stores are legally recognised and binding.

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