Bridgestone Australia Ltd

[2013] FWCA 3058

[2013] FWCA 3058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bridgestone Australia Ltd
(AG2013/6275)

QUALITY TYRE SALES PTY LTD (SOUTH AUSTRALIAN) SINGLE ENTERPRISE AGREEMENT 2013

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 17 MAY 2013

Application for approval of the Quality Tyre Sales Pty Ltd (South Australian) Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Quality Tyre Sales Pty Ltd (South Australian) Single Enterprise Agreement 2013 (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 employer has provided undertakings in the following terms:

“....

2. The company provides an undertaking that the Wages Schedule provided with the Agreement application incorporate wage rates referenced in Clause 30 of the Agreement;

3. Employees are entitled to be represented by a representative of their choice during any consultation process that is carried out in accordance with Clause 10 of the Agreement; and

4. Whilst there is no intention for employees to be regularly rostered to work on Sundays and public holidays, should this change employee conditions would be in accordance with Clause 29.5(a) of the Vehicle Manufacturing, Repair, Services 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2013. The nominal expiry date of the Agreement is 18 January 2016.

SENIOR DEPUTY PRESIDENT

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