Bridgestone Australia Ltd

[2013] FWCA 489

FAIR WORK COMMISSION

DECISION

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

Bridgestone Australia Ltd
(AG2012/14415)

BRIDGESTONE AUSTRALIA LTD (SA COMMERCIAL STORES) ENTERPRISE AGREEMENT 2012

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 23 JANUARY 2013

Application for approval of the Bridgestone Australia Ltd. (SA Commercial Stores) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. (SA Commercial Stores) Enterprise Agreement 2012 (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 an undertaking in the following terms:

“... Bridgestone Australia Ltd (“the employer”) wish to confirm the applicable wage rates will be as per the attached Wages Schedule. Employees were made aware of the applicable rates prior to voting by receiving the attached schedule.”

[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 31 January 2013. The nominal expiry date of the Agreement is 1 August 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bridgestone Australia Ltd applied for approval of the Enterprise Agreement, which was proposed to cover employees of SA Commercial Stores. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative framework. The central legal issues revolved around whether the agreement satisfied the procedural and substantive requirements set out in the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement was genuinely negotiated, whether it adhered to the minimum entitlements, and if the proper processes were followed during its negotiation and execution.

The Fair Work Commission carefully examined the evidence provided by the parties and reviewed the agreement against the legislative criteria. The Commission considered whether there was genuine negotiation between the employer and the representatives of the employees. It also scrutinised whether the agreement contained the minimum entitlements required by law and whether the correct procedures had been followed, including the provision of necessary information to the employees and the opportunity for them to vote on the agreement. The Commission concluded that the agreement met all the necessary requirements and was thus compliant with the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement, allowing it to take effect as a legally binding contract between the employer and the employees.

In its decision, the Fair Work Commission emphasised the importance of ensuring that enterprise agreements genuinely reflect the outcome of negotiation between the parties and provide for the minimum standards set by the Act. The Commission noted that the agreement in question had been negotiated in accordance with the law and contained all the necessary provisions. The approval of the agreement was seen as a necessary step to provide stability and certainty for the employees and the employer. The Fair Work Commission's decision was final and binding, and the Enterprise Agreement was approved for operation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established