Bridgestone Australia Ltd

[2021] FWCA 3548

[2021] FWCA 3548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2021/5404)

BANDAG MANUFACTURING PTY. LIMITED - PRODUCTION - ENTERPRISE AGREEMENT 2020

Vehicle industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 JULY 2021

Application for approval of the Bandag Manufacturing Pty. Limited - Production - Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bandag Manufacturing Pty. Limited - Production - Enterprise Agreement 2020 (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 Commission held a conference on 18 June 2021, the Employer and the Australian Workers’ Union being a bargaining representative were in attendance. During the conference the Commission heard submissions from both parties. After considering the submissions of the parties the Commission held a remaining concern that the wage rates at clause 33.3 of the Agreement were not high enough to compensate for the lower shift penalties contained within the Agreement when compared to the Award. Therefore, shift workers would not better off overall under the Agreement when compared to the Award. The Commission wrote to the Employer seeking further submissions or an undertaking to address those concerns.

[3] The Employer has provided written undertakings to address the concerns of the Commission. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertaking is taken to be a term of the Agreement.

[4] Subject to the undertaking 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.

[5] The Australian Workers’ Union (AWU) 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.

[6] The Agreement was approved on 20 July 2021 and, in accordance with s.54, will operate from 27 July 2021. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A