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

Printed by authority of the Commonwealth Government Printer

The case involved Bridgestone Australia Ltd, trading as Bridgestone, and their employees. The dispute was about whether the Bridgestone Australia Ltd. Rocklea Commercial Store Enterprise Agreement 2019 should be approved. The application was heard by the Fair Work Commission.

The primary legal issue before the Fair Work Commission was whether the Enterprise Agreement met the requirements of the Fair Work Act 2009, including whether it provided for the proper bargaining of terms and conditions of employment, and whether it met the 'better off overall test'. The Commission also had to consider whether the agreement complied with the procedural fairness requirements, including the provision of relevant information to the employees and allowing them to make a meaningful contribution to the agreement's terms.

The Fair Work Commission found that the Enterprise Agreement did meet the statutory requirements and was, therefore, approved. The Commission considered that the agreement provided for the proper bargaining of terms and conditions of employment, and it met the 'better off overall test'. The Commission also found that the procedural fairness requirements were met, as relevant information was provided to the employees, and they had the opportunity to make a meaningful contribution to the agreement's terms.

The Fair Work Commission approved the Bridgestone Australia Ltd. Rocklea Commercial Store Enterprise Agreement 2019, and it is now legally binding on the parties involved. The approval ensures that the agreement meets the statutory requirements and provides for the proper bargaining of terms and conditions of employment.

Bridgestone Australia Ltd T/A Bridgestone

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established