Bridgestone Australia Ltd T/A Bridgestone

[2020] FWCA 1455

[2020] FWCA 1455

FAIR WORK COMMISSION

DECISION

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

Bridgestone Australia Ltd T/A Bridgestone
(AG2020/176)

BRIDGESTONE AUSTRALIA LTD. ROCKLEA COMMERICAL STORE ENTERPRISE AGREEMENT 2019

Vehicle industry
COMMISSIONER SPENCER	BRISBANE, 19 MARCH 2020

Application for approval of the Bridgestone Australia Ltd. Rocklea Commerical Store Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Rocklea Commerical Store Enterprise Agreement 2019 (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 T/A Bridgestone (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] In its undertakings, the Applicant advised that employees will be paid in accordance with rates of pay detailed in the “Wage Schedule Bridgestone Australia Ltd. PROPOSED – QLD Commercial – ROCKLEA Only -Wage Rates and Allowances” (the Wage Schedule) filed with the Commission on 28 January 2020 but which does not form part of the Agreement.

[5] I observe that the Wage Schedule satisfies the BOOT test on the basis that the minimum salary for each category provides for a higher minimum wage than what is provided for that employee in the applicable modern Award.

[6] The Wage Schedule is accessible on the Commission’s file to any employee or relevant union(s) upon request.

[7] The rates of pay are not in the Agreement itself, and as such I am satisfied that there is no redacting being made to the Agreement which would cause conflict with the decision of AWU v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FCWFB 7501.

[8] I note that the rates of pay were provided to employees during the negotiations, with the employees having access to them prior to and at the time of voting.

[9] 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) I note that the Agreement covers the organisation.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

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