Bridgestone Australia Ltd. T/A Bridgestone Summary

[2023] FWCA 927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bridgestone Australia Ltd. T/A Bridgestone

(AG2023/724)

BRIDGESTONE AUSTRALIA LTD. ROCKLEA COMMERCIAL STORE ENTERPRISE AGREEMENT 2022

Retail industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 28 MARCH 2023

Application for approval of the Bridgestone Australia Ltd. Rocklea Commercial Store Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Rocklea Commercial Store Enterprise Agreement 2022 (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 (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

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 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bridgestone Australia Ltd. T/A Bridgestone applied to the Fair Work Commission for approval of the Bridgestone Australia Ltd. Rocklea Commercial Store Enterprise Agreement 2022. The applicant sought to have the agreement approved under the Fair Work Act 2009, which requires that certain criteria be met before an enterprise agreement can be registered. The dispute centred on the fairness and appropriateness of the terms and conditions outlined in the proposed agreement.

The central legal issue before the Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "better off overall test" agreement, meaning that it provided employees with a net gain in terms of pay and conditions compared to the relevant award or existing agreement. The Commission also had to ensure that the agreement contained the necessary "protected action provisions" and that it complied with the good faith bargaining requirements.

In its decision, the Commission examined the evidence provided by both parties and assessed whether the agreement met the statutory criteria. The Commission found that the proposed agreement did indeed provide a net gain for employees, as it included various improvements to pay and conditions. The Commission also confirmed that the agreement contained the necessary protected action provisions and that the bargaining process had been conducted in good faith. Consequently, the Commission approved the agreement, finding that it satisfied all the necessary legal requirements for registration.

The Fair Work Commission approved the Bridgestone Australia Ltd. Rocklea Commercial Store Enterprise Agreement 2022, determining that it met all the statutory criteria for registration under the Fair Work Act 2009. The Commission's decision was based on its finding that the agreement provided a net gain for employees, included the required protected action provisions, and was the product of good faith bargaining. The agreement is now registered and legally binding between the parties.

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