Bridgestone Australia Ltd. T/A Bridgestone Summary

[2024] FWCA 1716

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bridgestone Australia Ltd. T/A Bridgestone

(AG2024/1479)

BRIDGESTONE AUSTRALIA LTD. KEWDALE AND ROCKINGHAM WA COMMERCIAL STORES ENTERPRISE AGREEMENT 2023

Retail industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 10 MAY 2024

Application for approval of the Bridgestone Australia Ltd. Kewdale and Rockingham WA Commercial Stores Enterprise Agreement 2023

Bridgestone Australia Ltd. T/A Bridgestone (the Applicant) has made an application for the approval of an enterprise agreement known as the Bridgestone Australia Ltd. Kewdale and Rockingham WA Commercial Stores Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, 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.

The Transport Workers’ Union of Australia (the organisation), 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 organisation is covered by the Agreement.

The Agreement was approved on 10 May 2024 and, in accordance with s 54, will operate from 17 May 2024. The nominal expiry date of the Agreement is 3 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bridgestone Australia Limited, trading as Bridgestone, applied for approval of the Bridgestone Australia Limited Kewdale and Rockingham WA Commercial Stores Enterprise Agreement 2023. The application was brought before the Commission to determine whether the agreement met the necessary legal requirements for approval. The dispute centred on the terms and conditions set out in the enterprise agreement, specifically whether they complied with the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the minimum standards prescribed by the Fair Work Act, including provisions for minimum wages and entitlements, as well as whether it adhered to procedural requirements for enterprise agreements. The Commission had to assess if the agreement contained all the mandated terms and conditions and if the process by which it was negotiated and finalised was fair and lawful.

After reviewing the evidence and submissions presented, the Commission found that the agreement was procedurally sound and contained all the necessary mandated terms and conditions. The Commission was satisfied that the agreement met the statutory requirements for approval under the Fair Work Act. The terms of the agreement were deemed to comply with the minimum standards of the Act, and no issues were identified that would prevent the agreement from being approved.

Accordingly, the Fair Work Commission approved the Bridgestone Australia Limited Kewdale and Rockingham WA Commercial Stores Enterprise Agreement 2023. The approval ensures that the terms and conditions set out in the agreement are legally binding and enforceable for the relevant employees.

Bridgestone Australia Ltd. T/A Bridgestone

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established