Bridgestone Australia Ltd T/A Bridgestone Summary

[2022] FWCA 3639

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bridgestone Australia Ltd T/A Bridgestone

(AG2022/4001)

Bridgestone Australia Ltd. South Australian Warehouse Enterprise Agreement 2022

Vehicle industry
COMMISSIONER MCKINNON	SYDNEY, 19 OCTOBER 2022

Application for approval of the Bridgestone Australia Ltd. South Australian Warehouse Enterprise Agreement 2022

Bridgestone Australia Ltd T/A Bridgestone has applied for approval of a single enterprise agreement known as the Bridgestone Australia Ltd. South Australian Warehouse Enterprise Agreement 2022 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 26 October 2022. The nominal expiry date of the Agreement is 31 August 2024.

The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bridgestone Australia Ltd T/A Bridgestone, the employer, applied to the Fair Work Commission for approval of the Bridgestone Australia Ltd. South Australian Warehouse Enterprise Agreement 2022. The application was made under the Fair Work Act 2009, which mandates the approval of such agreements by the Commission. The nature of the dispute was to ensure that the proposed agreement met the requirements of the Act and provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The legal issues that the Commission was required to decide included whether the agreement provided for fair and reasonable terms and conditions for the employees, whether the agreement was made in good faith, and whether the agreement was in the best interests of the employees. The Commission had to consider whether the agreement met the requirements of the Act, including the provisions relating to the objects of the Act, the matters that must be covered by an enterprise agreement, and the matters that must be covered by a modern award.

The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, was made in good faith, and was in the best interests of the employees. The Commission was satisfied that the agreement met the requirements of the Act, including the provisions relating to the objects of the Act, the matters that must be covered by an enterprise agreement, and the matters that must be covered by a modern award. The Commission also noted that the agreement provided for a pay increase and improvements to the employees' working conditions. The Commission approved the agreement, and it will now apply to the employees covered by the agreement.

The final orders of the Commission were that the Bridgestone Australia Ltd. South Australian Warehouse Enterprise Agreement 2022 be approved as a certified agreement under the Fair Work Act 2009, and that it be registered by the Registrar of the Fair Work Commission. The agreement will now apply to the employees covered by the agreement, and the Commission will monitor its operation to ensure that it continues to meet the requirements of the 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