Bridgestone Australia Ltd

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bridgestone Australia Limited filed an application to have the Quality Tyre Sales Pty Ltd (South Australian) Single Enterprise Agreement 2013 approved. The respondents were various unions and the Australian Workers' Union. The primary dispute revolved around the provisions of the agreement that pertained to employee entitlements and working conditions within the tyre sales industry in South Australia. The case was heard in the Fair Work Commission, an Australian federal statutory body with jurisdiction over employment law matters.

The legal issues before the Commission included whether the terms of the proposed agreement complied with the relevant federal legislation, specifically the Fair Work Act 2009. This involved examining if the agreement met the requirements for an enterprise agreement under the Act, including whether it provided for a fair and efficient workplace, and if it adhered to the provisions for employee entitlements such as minimum wages, leave provisions, and conditions of employment. Additionally, the Commission needed to determine if the agreement appropriately balanced the interests of both employers and employees.

The Fair Work Commission found that the proposed agreement did not adequately address certain employee entitlements as required by the Fair Work Act. The Commission emphasised the need for an enterprise agreement to ensure fair and efficient workplace conditions. It highlighted that the agreement failed to provide sufficient provisions for overtime and penalty rates, which are critical components of employee entitlements in the industry. Consequently, the Commission did not approve the agreement. The Commission's decision was based on the premise that the agreement did not sufficiently protect employee interests as mandated by the legislation.

In summary, the Commission's ruling was that the Quality Tyre Sales Pty Ltd (South Australian) Single Enterprise Agreement 2013 was not approved due to its inadequacies in addressing employee entitlements. The decision underscored the importance of enterprise agreements meeting the statutory requirements for fairness and efficiency in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established