DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2015/7553)

BRIDGESTONE AUSTRALIA LTD. (SA COMMERCIAL STORES) ENTERPRISE AGREEMENT 2015

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 14 JANUARY 2016

Application for approval of the Bridgestone Australia Ltd. (SA Commercial Stores) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. (SA Commercial Stores) Enterprise Agreement 2015 (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.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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 21 January 2016. The nominal expiry date of the Agreement is 1 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bridgestone Australia Ltd, as the employer, applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The Fair Work Commission, presided over by a delegate, was tasked with determining the application. The key legal issues were whether the agreement was genuinely a bargain between the parties, whether it was made in good faith, and if it included a dispute resolution process. The employer argued that the agreement was a genuine bargain, made in good faith, and contained appropriate dispute resolution mechanisms. The employees, however, contested the fairness and content of the agreement, particularly regarding certain clauses.

The Commission found that the agreement was indeed a genuine bargain, as it was negotiated between the parties without coercion or undue influence. It also concluded that the agreement was made in good faith, as evidenced by the negotiation process and the absence of any improper conduct. Regarding the dispute resolution process, the Commission determined that it was adequately provided for in the agreement and was compliant with the Act. The Commission found that the agreement met all the necessary criteria for approval, including the requirement that it provided for a fair and efficient system for resolving disputes.

The Fair Work Commission approved the Bridgestone Australia Ltd. (SA Commercial Stores) Enterprise Agreement 2015. The final orders confirmed that the agreement was to be registered and would come into effect on the specified date. The employees and employer were directed to adhere to the terms of the agreement, which included provisions for wages, conditions of employment, and dispute resolution. This decision ensures that the enterprise agreement will govern the employment relationship between the parties for the duration specified in the 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