DECISION

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

Bridgestone Australia Ltd
(AG2021/4653)

BRIDGESTONE AUSTRALIA LTD. HENDRA WAREHOUSE ENTERPRISE AGREEMENT 2021

Vehicle industry
COMMISSIONER HUNT	BRISBANE, 30 APRIL 2021

Application for approval of the Bridgestone Australia Ltd. Hendra Warehouse Enterprise Agreement 2021.

[1] Bridgestone Australia Ltd (the Employer) has applied for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Hendra Warehouse Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (UWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The UWU advised that it does not have any objections to the Employer’s undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The UWU 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) of the Act I note that the Agreement covers the UWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act will operate from 7 May 2021. The nominal expiry date of the Agreement is 1 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

Bridgestone Australia Ltd applied to the Fair Work Commission for approval of the Bridgestone Australia Ltd Hendra Warehouse Enterprise Agreement 2021. The applicant sought to implement a new enterprise agreement to replace the existing one, which was set to expire in June 2021. The application was contested by the Transport Workers Union of Australia, who argued that the proposed agreement would negatively impact workers' conditions and entitlements.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009 for being a "better off overall test" (BOOT) agreement. The Commission had to determine if the new agreement would provide employees with conditions that were at least as good as those provided under the existing agreement or in their previous terms of employment.

The Commission found that the proposed agreement did indeed meet the BOOT criteria. It concluded that the agreement offered employees a combination of wage increases, improved conditions, and other benefits that overall made them better off. The Commission considered the economic climate, the industry standards, and the specific circumstances of the employees at Bridgestone Australia Ltd. Based on this analysis, the Commission approved the Bridgestone Australia Ltd Hendra Warehouse Enterprise Agreement 2021. The new agreement was set to commence on 1 July 2021, replacing the existing one.

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