DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2016/2715)

BRIDGESTONE AUSTRALIA LTD. QUEENSLAND WAREHOUSES ENTERPRISE AGREEMENT 2016

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 13 MAY 2016

Application for approval of the Bridgestone Australia Ltd. Queensland Warehouses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Queensland Warehouses 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.

[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 13 May 2016 and, in accordance with s.54, will operate from 20 May 2016. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Bridgestone Australia Limited, the applicant, seeking approval of the Queensland Warehouses Enterprise Agreement 2016. The dispute was heard in the Fair Work Commission of Australia. The primary issue before the Commission was whether the enterprise agreement met the requirements under the Fair Work Act 2009, including compliance with the "better off overall test" and procedural fairness. The applicant argued that the agreement was fair and met all legislative requirements, while the respondents contended that certain aspects of the agreement were unfair and did not comply with the statutory obligations.

The Commission examined the provisions of the agreement and assessed whether it provided employees with a "better off overall" outcome compared to the applicable awards. This involved a detailed analysis of the wages, conditions, and benefits outlined in the agreement. The Commission also considered the process by which the agreement was negotiated and the extent to which employees were given an opportunity to express their views. After careful deliberation, the Commission found that the agreement did indeed satisfy the "better off overall test" and was procedurally fair. The Commission noted the transparent negotiation process and the overall benefits provided to employees, which justified the approval of the agreement.

The Fair Work Commission approved the Queensland Warehouses Enterprise Agreement 2016, confirming its compliance with the Fair Work Act 2009. The Commission highlighted that the agreement met the "better off overall test" and was fair in its provisions. Additionally, the negotiation process was deemed to have been conducted in a manner that allowed for meaningful employee participation. The Commission's decision was based on a comprehensive review of the agreement and the evidence presented by both 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