Bridgestone Australia Ltd T/A Bridgestone Summary

[2023] FWCA 2799

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bridgestone Australia Ltd T/A Bridgestone

(AG2023/2906)

BRIDGESTONE AUSTRALIA LTD SMEATON GRANGE WAREHOUSE ENTERPRISE AGREEMENT 2023

Vehicle industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 31 AUGUST 2023

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

An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Smeaton Grange Warehouse Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 18 August 2023.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 September 2023. The nominal expiry date of the Agreement is 31 March 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 a new enterprise agreement for its Smeaton Grange warehouse employees. The application was opposed by the Transport Workers Union (TWU). The dispute centred on the terms and conditions proposed in the new agreement, particularly those related to employee representation, redundancy, and procedural fairness. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement was a genuine enterprise agreement, whether it complied with the procedural and substantive fairness tests, and if the agreement appropriately balanced the interests of the employees and the employer. The Commission also had to consider the objections raised by the TWU, particularly regarding the reduction in union representation and the implications for employee procedural rights.

The Fair Work Commission found that the proposed agreement was genuinely negotiated and met the procedural requirements for approval. It determined that the changes to union representation and redundancy provisions were fair and reasonable, taking into account the employer's operational needs and the employees' interests. The Commission concluded that the agreement did not unconscionably disadvantage the employees and complied with the statutory requirements for approval. Consequently, the application was approved, and the Smeaton Grange Warehouse Enterprise Agreement 2023 was registered.

The Commission made an order approving the Bridgestone Australia Ltd. Smeaton Grange Warehouse Enterprise Agreement 2023, as amended, and registered it under the Fair Work Act 2009. The agreement was to commence on the first day of the month following the registration date, with the new terms and conditions applying to the employees from that time.

Bridgestone Australia Ltd T/A Bridgestone

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established