Bridgestone Australia Ltd

[2014] FWCA 7360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2014/8649)

BRIDGESTONE AUSTRALIA LTD. KEWDALE WA COMMERCIAL STORE ENTERPRISE AGREEMENT 2014

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 16 OCTOBER 2014

Application for approval of the Bridgestone Australia Ltd. Kewdale WA Commercial Store Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Kewdale WA Commercial Store 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 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] The Commission sought the views of the Transport Workers’ Union of Australia as bargaining representative, who did not support the wording of the undertaking. However, I am satisfied that the undertakings adequately deal with the Commission’s concerns.

[4] 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.

[5] The Transport Workers’ Union of Australia 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 16 October 2014 and, in accordance with s.54, will operate from 23 October 2014. The nominal expiry date of the Agreement is 3 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bridgestone Australia Ltd applied to the Fair Work Commission (FWC) for approval of the Bridgestone Australia Ltd. Kewdale WA Commercial Store Enterprise Agreement 2014. The application was brought by the applicant employer, Bridgestone Australia Ltd, under section 231 of the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the requirements of the Act, specifically whether it provided for a fair and efficient workplace.

The FWC examined the provisions of the agreement to determine if it met the criteria of providing for a fair and efficient workplace. This involved assessing the agreement against the requirements of the Act and considering the views of the parties involved. The FWC also had to ensure that the agreement did not undermine the safety, health, or welfare of employees. The court considered the arguments of both parties and the evidence provided to make its decision.

The FWC found that the proposed agreement met the requirements of the Fair Work Act 2009. The FWC was satisfied that the agreement provided for a fair and efficient workplace and did not undermine the safety, health, or welfare of employees. The FWC considered the arguments of both parties and the evidence provided and found that the agreement was fair and reasonable. The FWC approved the Bridgestone Australia Ltd. Kewdale WA Commercial Store Enterprise Agreement 2014 under section 231 of the Fair Work Act 2009.

The FWC's decision was made on the basis of the evidence and arguments presented by both parties. The FWC found that the agreement provided for a fair and efficient workplace and did not undermine the safety, health, or welfare of employees. The FWC approved the agreement and it will now be binding on the parties involved. The decision of the FWC is final and binding on the parties, and cannot be appealed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established