DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2017/1041)

QUALITY TYRE SALES PTY. LTD. (NSW) ENTERPRISE AGREEMENT 2017

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 8 MAY 2017

Application for approval of the Quality Tyre Sales Pty. Ltd. (NSW) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Quality Tyre Sales Pty. Ltd. (NSW) 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] 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 May 2017. The nominal expiry date of the Agreement is 19 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bridgestone Australia Limited applied to the Fair Work Commission for approval of the Quality Tyre Sales Pty. Ltd. (NSW) Enterprise Agreement 2017. This application arose due to disputes between the employer and employees over terms and conditions of employment. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement complied with the requirements for approval, specifically whether it provided for fair and reasonable terms and conditions of employment. The Commission examined whether the agreement adhered to the provisions of the Fair Work Act, including those relating to pay, penalty rates, leave entitlements, and other employment terms. Furthermore, the Commission assessed whether the agreement had been made in good faith and whether it provided for a fair and efficient workplace.

The Commission found that the agreement met the statutory requirements for approval. It confirmed that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate pay rates and conditions. The Commission also determined that the agreement had been made in good faith and that it did not disadvantage any party unfairly. Consequently, the Fair Work Commission approved the enterprise agreement under the Fair Work Act.

The Fair Work Commission's decision approved the Quality Tyre Sales Pty. Ltd. (NSW) Enterprise Agreement 2017, recognising it as a fair and reasonable agreement that met all legal requirements. The approved agreement now governs the employment terms and conditions for the employees of Quality Tyre Sales Pty. Ltd. in New South Wales.

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