DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2021/5526)

QUALITY TYRE SALES PTY. LTD. (VICTORIA) ENTERPRISE AGREEMENT 2021

Vehicle industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JUNE 2021

Application for approval of the Quality Tyre Sales Pty. Ltd. (Victoria) Enterprise Agreement 2021.

[1] Bridgestone Australia Ltd has made an application for approval of an enterprise agreement known as the Quality Tyre Sales Pty. Ltd. (Victoria) Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The United 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 June 2021 and, in accordance with s 54, will operate from 23 June 2021. The nominal expiry date of the Agreement is 19 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bridgestone Australia Limited and the Transport Workers Union of Australia were involved in a dispute concerning the proposed Quality Tyre Sales Pty. Ltd. (Victoria) Enterprise Agreement 2021. The Transport Workers Union of Australia sought approval of the agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission, specifically by Deputy President L C Smith.

The primary legal issue for the court was whether the proposed enterprise agreement met the "better off overall test" as outlined in the Fair Work Act. This test requires that employees be no worse off and at least some employees better off financially under the new agreement compared to their current conditions. The court also needed to determine if the agreement contained all mandatory terms as required by the Act and if the agreement was made in good faith.

In assessing the agreement, the court found that it did meet the better off overall test. The analysis showed that a sufficient number of employees would benefit financially, and none would be worse off. The court also confirmed that all mandatory terms were included in the agreement. Finally, the court was satisfied that the agreement was made in good faith, considering all relevant factors and bargaining conduct. Based on these findings, the court approved the Quality Tyre Sales Pty. Ltd. (Victoria) Enterprise Agreement 2021.

As a result of the court's decision, the Fair Work Commission approved the enterprise agreement, and it became effective from the date of the decision. This agreement will now govern the employment conditions of the relevant employees for the specified period.

Bridgestone Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established