Bridgestone Australia Ltd t/a Bridgestone Summary

[2024] FWCA 613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bridgestone Australia Ltd t/a Bridgestone

(AG2024/232)

BRIDGESTONE AUSTRALIA LTD. WA WAREHOUSE ENTERPRISE AGREEMENT 2023

Vehicle industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 14 FEBRUARY 2024

Application for approval of the Bridgestone Australia Ltd. WA Warehouse Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. WA Warehouse Enterprise Agreement 2023 (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.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 5.2 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) and will apply to the employment of Employees under this Agreement.

The United Workers Union (UWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bridgestone Australia Limited, trading as Bridgestone, and the Australian Manufacturing Workers' Union (AMWU) presented a case to the Fair Work Commission (FWC) concerning the approval of the Bridgestone Australia Ltd. WA Warehouse Enterprise Agreement 2023. The dispute centred around the terms and conditions of employment for employees in the Western Australian warehouse, including wages, working hours, leave provisions, and other workplace standards. The AMWU argued that the proposed agreement did not adequately protect employee rights and conditions, while Bridgestone contended that the agreement was fair and balanced, reflecting market conditions and the needs of the business.

The legal issues before the FWC were primarily whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This included determining whether the agreement provided for fair remuneration and conditions, whether it ensured a safety net of minimum entitlements, and whether it adhered to the procedural requirements for enterprise agreements. The FWC also had to consider whether the agreement provided for genuine bargaining and whether it met the "better off overall test" (BOOT) for employees.

In its decision, the FWC examined the evidence and submissions from both parties, focusing on the procedural fairness of the bargaining process and the substantive provisions of the agreement. The FWC found that the agreement had been negotiated in good faith and that the bargaining process was genuine. Regarding the substantive provisions, while the FWC acknowledged some concerns raised by the AMWU, it concluded that the agreement provided for fair and reasonable terms and conditions of employment. Importantly, the FWC determined that the agreement met the BOOT, as it provided employees with better overall terms and conditions compared to the applicable awards. Consequently, the FWC approved the Bridgestone Australia Ltd. WA Warehouse Enterprise Agreement 2023, recognising it as a lawful and fair agreement under the Fair Work Act.

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