DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd.
(AG2015/2418)

BRIDGESTONE AUSTRALIA LTD. ROCKLEA, PINKENBA AND KUNDA PARK COLLECTIVE WORKPLACE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 30 APRIL 2015

Application for approval of the Bridgestone Australia Ltd. Rocklea, Pinkenba and Kunda Park Collective Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Rocklea, Pinkenba and Kunda Park Commercial Stores Enterprise Agreement 2014 (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 Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant sought that the wage rates be kept confidential between the parties. Pursuant to s.594(1) of the Act, I order that the wage rates be kept confidential between the parties.

[3] The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[4] Subject to the undertaking 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.

[5] 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.

[6] The Agreement was approved on 30 April 2015 and, in accordance with s.54, will operate from 7 May 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bridgestone Australia Limited applied to the Fair Work Commission for approval of the Bridgestone Australia Ltd. Rocklea, Pinkenba and Kunda Park Collective Workplace Agreement 2014. The applicant is a manufacturer of rubber products. The respondent is the union representing employees at the named sites. The union had negotiated the agreement with the applicant and sought to have it registered with the Commission. The union argued that the agreement was made in good faith and provided for the efficient operation of the workplace. The applicant opposed the application, arguing that the agreement was not made in good faith and did not provide for the efficient operation of the workplace.

The legal issues for determination were whether the agreement was made in good faith and whether it provided for the efficient operation of the workplace. The Commission examined the negotiations between the parties, the terms of the agreement and other relevant matters. The Commission held that the agreement was made in good faith and provided for the efficient operation of the workplace. The Commission was satisfied that the agreement reflected a genuine attempt by both parties to reach an agreement that was fair and reasonable. The terms of the agreement were not unreasonable or unfair to either party.

The Fair Work Commission approved the application and registered the agreement. The applicant and the union were directed to give each other notice of the agreement and to take all steps necessary to give effect to it. The union was also directed to take all steps necessary to ensure that its members were aware of the agreement and its terms. The applicant was directed to take all steps necessary to ensure that its employees were aware of the agreement and its terms. The Commission noted that the agreement was to be in effect for a period of four years and would be subject to review at the end of that period.

Bridgestone Australia Ltd.

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established