DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2016/3500)

BRIDGESTONE AUSTRALIA LTD. SMEATON GRANGE WAREHOUSE ENTERPRISE AGREEMENT 2016

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for approval of the Bridgestone Australia Ltd. Smeaton Grange Warehouse Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Smeaton Grange Warehouse Enterprise Agreement 2016 (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] 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 was approved on 1 July 2016 and, in accordance with s.54, will operate from 8 July 2016. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bridgestone Australia Ltd applied for the Fair Work Commission to approve the Bridgestone Australia Ltd. Smeaton Grange Warehouse Enterprise Agreement 2016. The applicant argued the agreement was in the best interests of the employees. The Australian Manufacturing Workers Union opposed the application, arguing the agreement did not meet the requirements of the Fair Work Act 2009.

The Fair Work Commission considered whether the agreement was a genuine enterprise agreement and whether it was in the best interests of the employees. The Commission examined the process by which the agreement was made and whether the employees had sufficient information and time to make an informed decision. The Commission also considered whether the agreement met the "better off overall test," meaning the employees were better off under the agreement than they would be under the applicable award.

The Fair Work Commission found that the agreement was a genuine enterprise agreement and was in the best interests of the employees. The Commission found that the process by which the agreement was made was fair and that the employees had sufficient information and time to make an informed decision. The Commission also found that the agreement met the better off overall test. The Commission approved the agreement and made orders for its registration.

The Fair Work Commission approved the Bridgestone Australia Ltd. Smeaton Grange Warehouse Enterprise Agreement 2016 and made orders for its registration. The agreement was found to be a genuine enterprise agreement and in the best interests of the employees. The Commission found that the process by which the agreement was made was fair and that the employees had sufficient information and time to make an informed decision. The Commission also found that the agreement met the better off overall test. The agreement was registered and became a legally binding enterprise 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