DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2016/3334)

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

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Quality Tyre Sales Pty. Ltd. (Victoria) 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 22 June 2016 and, in accordance with s.54, will operate from 29 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 Fair Work Commission, Bridgestone Australia Ltd applied for the approval of the Quality Tyre Sales Pty. Ltd. (Victoria) Single Enterprise Agreement 2016. The applicant and respondent were in dispute over the terms of the proposed agreement, which covered a range of issues including wages, conditions of employment, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission involved assessing the fairness of the proposed agreement's terms. Specifically, the Commission had to determine if the agreement met the "no disadvantage test" as outlined in the Fair Work Act, which required that employees be no worse off financially or in terms of conditions under the agreement than they would be under their existing awards or agreements. The Commission also had to consider whether the agreement complied with the "better off overall test", which required that employees be better off overall under the agreement than under their existing awards or agreements. Additionally, the Commission had to assess whether the agreement contained any provisions that were contrary to public policy.

The Commission found that the proposed agreement met the "no disadvantage test" and the "better off overall test". The Commission also determined that the agreement did not contain any provisions that were contrary to public policy. The Commission approved the Quality Tyre Sales Pty. Ltd. (Victoria) Single Enterprise Agreement 2016, noting that it provided for a fair and reasonable outcome for both the employer and employees. The Commission's decision was based on the evidence presented and the application of the relevant statutory provisions. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission's decision was final and binding on the parties.

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