Bridgestone Australia Ltd

[2015] FWCA 5485

[2015] FWCA 5485

FAIR WORK COMMISSION

DECISION

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

Bridgestone Australia Ltd
(AG2015/4052)

BRIDGESTONE AUSTRALIA LTD VICTORIAN WAREHOUSE COLLECTIVE AGREEMENT 2015

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 AUGUST 2015

Application for approval of the Bridgestone Australia Ltd Victorian Warehouse Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd Victorian Warehouse Collective 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] An undertaking has been provided in the following terms:

“.... Bridgestone Australia Ltd (“the Employer”) wish to confirm that all annual leave entitlements for employees engaged as shift workers will be in accordance with clause 29.5 of the Vehicle Manufacturing, Repair, Service and Retail Award 2010.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2015. The nominal expiry date of the Agreement is 31 January 2018.

SENIOR DEPUTY PRESIDENT

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