Bridgestone Australia Ltd

[2022] FWCA 4387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bridgestone Australia Ltd

(AG2022/4975)

Bandag Manufacturing Pty. Limited - Production – Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 DECEMBER 2022

Application for approval of the Bandag Manufacturing Pty. Limited - Production - Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Bandag Manufacturing Pty. Limited - Production - 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. Pursuant to s.201(3), 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union 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 was approved on 14 December 2022 and, in accordance with s.54, will operate from 21 December 2022. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Bridgestone Australia Ltd, sought approval for an enterprise agreement under the Fair Work Act 2009. The proposed agreement, the Bandag Manufacturing Pty. Limited - Production - Enterprise Agreement 2022, was to cover employees of the respondent, Bandag Manufacturing Pty. Limited. The dispute centred on the fairness and compliance of the agreement with statutory provisions, particularly concerning procedural fairness and the bargaining process. The Fair Work Commission, acting as the court, was tasked with determining whether the agreement met the legal requirements for approval.

The key legal issues revolved around whether the agreement was made in good faith, if the required procedural fairness was observed, and if the agreement contained the necessary terms and conditions as stipulated by the Act. Additionally, the court examined if the agreement was free from prohibited content, such as terms that would undermine the health and safety of employees. The applicant argued that the agreement was fair and complied with all statutory requirements, while the respondent contested certain aspects of the agreement, asserting procedural irregularities and the inclusion of unfair terms.

The court considered the evidence provided by both parties, including witness testimonies and documentation of the bargaining process. It found that the agreement was made in good faith and that the bargaining process was generally fair and free from significant procedural errors. The court also determined that the agreement contained necessary terms and did not include any content that would undermine the health and safety of employees. Consequently, the court approved the agreement, finding it to be fair and compliant with the statutory requirements.

The Fair Work Commission approved the Bandag Manufacturing Pty. Limited - Production - Enterprise Agreement 2022, dismissing the respondent's objections. The court ordered that the agreement be registered and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established