| [2023] FWCA 795 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bridgestone Australia Ltd
(AG2023/415)
BANDAG MANUFACTURING PTY LTD – ENGINEERING – ENTERPRISE AGREEMENT 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 20 MARCH 2023 |
Application for approval of the Bandag Manufacturing Pty Ltd - Engineering – Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Bandag Manufacturing Pty Ltd - Engineering – Enterprise Agreement 2022 (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.
The Employer 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. The undertakings are taken to be a term of the Agreement.
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.
I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2023. The nominal expiry date of the Agreement is 30 September 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519481 PR760267>
Annexure A
- AGLC
- Bridgestone Australia Ltd [2023] FWCA 795
- Case
- [2023] FWCA 795
- Decision Date
CaseChat Overview and Summary
The legal issues before the Fair Work Commission involved whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the AMWU argued that certain clauses within the agreement contravened provisions relating to minimum wages and conditions. The Commission had to determine if the agreement provided fair and reasonable terms for the employees, considering the overall balance of benefits and detriments.
The Fair Work Commission found that the proposed agreement did not contravene the Fair Work Act. The Commission held that the agreement provided fair and reasonable terms for the employees, taking into account the specific circumstances of the bargaining process and the context of the agreement. The Commission approved the Bandag Manufacturing Pty Ltd - Engineering – Enterprise Agreement 2022, finding it met the necessary criteria for approval under the Act.
The Fair Work Commission granted approval for the Bandag Manufacturing Pty Ltd - Engineering – Enterprise Agreement 2022, effective from the date of the decision. This approval signifies that the agreement is now legally binding on the parties involved, establishing the terms and conditions of employment for the engineering employees at the Bandag Manufacturing facility.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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