DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2016/3510)

BRIDGESTONE AUSTRALIA LTD. SOUTH AUSTRALIAN WAREHOUSE ENTERPRISE AGREEMENT 2016

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for approval of the Bridgestone Australia Ltd. South Australian Warehouse Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. South Australian 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] United Voice 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 8 July 2019.

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 Bridgestone Australia Ltd. South Australian Warehouse Enterprise Agreement 2016. The application was opposed by the Australian Manufacturing Workers Union. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement had been genuinely negotiated, if it included minimum entitlements, and if it complied with the procedural requirements for approval.

The Commission examined the process by which the agreement was negotiated and concluded that it was genuinely negotiated as the parties had engaged in genuine bargaining. It assessed the agreement against the Fair Work Act's minimum entitlements and found that the agreement met these requirements. The Commission also reviewed the procedural requirements for approval and determined that all necessary steps had been followed correctly. Given these findings, the Commission approved the agreement.

The Fair Work Commission approved the Bridgestone Australia Ltd. South Australian Warehouse Enterprise Agreement 2016. The Commission found that the agreement had been genuinely negotiated, included minimum entitlements, and complied with the procedural requirements for approval. The Commission's decision was based on the evidence presented by both parties and the statutory criteria outlined in the Fair Work Act. The approval of the agreement allows it to come into effect, providing a framework for the employment conditions of the covered employees.

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