DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd
(AG2021/5019)

BRIDGESTONE AUSTRALIA LTD NSW COMMERCIAL STORES ENTERPRISE AGREEMENT 2020 – WETHERILL PARK, EASTERN CREEK SILVERWATER, UNANADERRA & MASCOT

Vehicle industry
DEPUTY PRESIDENT CROSS	SYDNEY, 3 JUNE 2021

Application for approval of the Bridgestone Australia Ltd NSW Commercial Stores Enterprise Agreement 2020 - Wetherill Park, Eastern Creek, Silverwater, Unanderra & Mascot.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd NSW Commercial Stores Enterprise Agreement 2020 - Wetherill Park, Eastern Creek, Silverwater, Unanderra & Mascot (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 written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 17 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bridgestone Australia Ltd, an automotive and industrial tyre manufacturer, was the subject of an application to the Fair Work Commission (FWC) seeking approval of an enterprise agreement. The agreement, proposed by the company, pertained to the operations at five of its stores located in Wetherill Park, Eastern Creek, Silverwater, Unanderra, and Mascot. The dispute centred around the terms and conditions outlined in the proposed agreement, which sought to govern the employment of approximately 350 employees across these locations.

The legal issues before the FWC were multifaceted, focusing on the fairness and compliance of the proposed enterprise agreement with the relevant statutory provisions. The FWC had to assess whether the agreement met the 'better off overall test' (BOOT) as outlined in the Fair Work Act 2009, ensuring that employees were not worse off financially or in terms of conditions compared to their previous arrangements. Additionally, the FWC needed to determine whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and other related legislation, particularly concerning the representation and negotiation rights of the employees.

The FW's reasoning was detailed, involving extensive analysis of the proposed agreement's provisions and their implications for the employees. The Commission found that the agreement, while generally meeting the statutory requirements, contained certain terms that were not in the best interest of the employees. After considering submissions from both parties and relevant evidence, the FWC approved the agreement with amendments to address the identified issues. The amendments primarily focused on rectifying the terms that did not meet the BOOT and ensuring that the agreement complied with all statutory requirements.

The final orders of the FWC mandated that the agreement be approved with the aforementioned amendments. The company was required to implement the changes to the agreement, ensuring that all employees were appropriately informed and that the new terms were enforced from the specified date. This decision underscored the FWC's role in overseeing enterprise agreements to protect the interests of employees while balancing the needs of employers.

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