DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bridgestone Australia Ltd
(AG2015/5542)

BRIDGESTONE AUSTRALIA LTD (NSW COMMERCIAL STORES - WETHERILL PARK, EASTERN CREEK, SILVERWATER AND UNANDERRA) EMPLOYEE ENTERPRISE AGREEMENT 2015

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 SEPTEMBER 2015

Application for approval of the Bridgestone Australia Ltd (NSW Commercial Stores - Wetherill Park, Eastern Creek, Silverwater and Unanderra) Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd (NSW Commercial Stores - Wetherill Park, Eastern Creek, Silverwater and Unanderra) Employee 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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2015. The nominal expiry date of the Agreement is 17 April 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bridgestone Australia Ltd applied to the Fair Work Commission for approval of the Bridgestone Australia Ltd (NSW Commercial Stores - Wetherill Park, Eastern Creek, Silverwater and Unanderra) Employee Enterprise Agreement 2015. The applicant was seeking to have the agreement approved as a registered agreement under the Fair Work Act 2009. The application was opposed by the Retail and Fast Food Workers Union of Australia, the Transport Workers Union of Australia, and the Shop, Distributive and Allied Employees Association.

The court was required to determine whether the application met the criteria for approval under the Fair Work Act. Specifically, the court needed to assess whether the agreement was made in good faith, was free from coercion and undue influence, and did not have a detrimental effect on the test employee. The court also needed to consider whether the agreement met the "better off overall test" and whether it contained the minimum terms and conditions required by the Act.

The court found that the application met the criteria for approval. The court found that the agreement was made in good faith and was free from coercion and undue influence. The court also found that the agreement did not have a detrimental effect on the test employee and met the better off overall test. The court further found that the agreement contained the minimum terms and conditions required by the Act.

The court approved the agreement as a registered agreement under the Fair Work Act. The court also ordered that the agreement be registered with the Fair Work Commission and published on the Commission's website. The order was made on 22 July 2015.

Bridgestone Australia Ltd

DECISION

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