DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2016/3099)

QUALITY TYRE SALES PTY. LTD. (QUEENSLAND) SINGLE ENTERPRISE AGREEMENT 2016

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

Application for approval of the Quality Tyre Sales Pty. Ltd. (Queensland) Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Quality Tyre Sales Pty. Ltd. (Queensland) Single 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement was approved on 23 June 2016 and, in accordance with s.54, will operate from 30 June 2016. The nominal expiry date of the Agreement is 19 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Bridgestone Australia Ltd, the applicant sought approval for the Quality Tyre Sales Pty. Ltd. (Queensland) Single Enterprise Agreement 2016. The application was lodged with the Fair Work Commission under the Fair Work Act 2009. The agreement, which sought to govern the employment terms and conditions of the employees within the enterprise, was contested by the respondent, the Quality Tyre Sales Pty. Ltd., who raised concerns regarding several aspects of the proposed agreement.

The central legal issues before the Commission involved the fairness and compliance of the proposed agreement with the statutory requirements set out in the Fair Work Act. The respondent argued that certain provisions of the agreement were not fair and reasonable, particularly those concerning remuneration, leave entitlements, and procedural fairness in disciplinary matters. The applicant, on the other hand, maintained that the agreement was fair and represented the best interests of both the employer and the employees. The Commission was required to determine whether the agreement met the criteria for being a 'simple, clear and accessible' agreement that provided for a fair and efficient workplace.

The Commission found that while the proposed agreement contained provisions that were fair and reasonable, certain sections needed to be amended to better reflect the statutory requirements. Specifically, the Commission noted that some provisions regarding leave entitlements and procedural fairness were not sufficiently clear and accessible. After considering the submissions from both parties and making the necessary amendments, the Commission approved the agreement, finding it to be fair and efficient. The decision balanced the need for a streamlined and accessible agreement with the necessity of protecting the rights and interests of the employees.

The Commission's final orders included the approval of the Quality Tyre Sales Pty. Ltd. (Queensland) Single Enterprise Agreement 2016, subject to the amendments made by the Commission. The agreement was to come into effect from the date of the Commission's decision, ensuring that the employees would benefit from the terms and conditions outlined in the approved 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