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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bridgestone Australia Ltd applied to the Fair Work Commission for the approval of the Bridgestone Australia Ltd Victorian Warehouse Collective Agreement 2015. The application was opposed by the Transport Workers Union. The dispute centred on the fairness and reasonableness of the proposed agreement, particularly concerning pay rates and conditions for warehouse employees. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009, including assessing if it provided for fair and reasonable terms and conditions.

The Commission considered various factors, including the bargaining process, the content of the agreement, and whether it complied with relevant industrial laws. It examined the fairness of the pay rates and conditions proposed in the agreement, taking into account the parties' bargaining positions and the overall industrial context. The Commission also evaluated whether the agreement provided for adequate consultation and representation of employees' interests. Ultimately, the Commission concluded that the agreement was fair and reasonable, meeting the necessary criteria for approval.

After careful consideration of the evidence and arguments presented, the Fair Work Commission approved the Bridgestone Australia Ltd Victorian Warehouse Collective Agreement 2015. The decision was based on the finding that the agreement provided for fair and reasonable terms and conditions, and that it complied with the relevant provisions of the Fair Work Act 2009. The Commission noted the efforts made by both parties to reach a fair agreement and accepted that the agreement was in the best interests of the employees and the employer.

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