Bridgestone Australia Ltd T/A Bridgestone

Case [2021] FWCA 6110


[2021] FWCA 6110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bridgestone Australia Ltd T/A Bridgestone

(AG2021/7471)

Bridgestone Australia Ltd. Kewdale and Rockingham WA Commercial Store Enterprise Agreement 2020

Vehicle industry

DEPUTY PRESIDENT BEAUMONT

PERTH, 6 OCTOBER 2021

Application for approval of the Bridgestone Australia Ltd. Kewdale and Rockingham WA Commercial Store Enterprise Agreement 2020.

  1. Bridgestone Australia Ltd T/A Bridgestone has made an application for the approval of an enterprise agreement known as the Bridgestone Australia Ltd. Kewdale and Rockingham WA Commercial Store Enterprise Agreement 2020 (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.

  1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

  1. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

  1. Subject to the undertakings referred to above, and 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, 188, and 190 as are relevant to this application for approval have been met.

  1. The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

  1. 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.

  1. The Agreement was approved on 6 October 2021 and, in accordance with s 54, will operate from 13 October 2021. The nominal expiry date of the Agreement is 3 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE513365  PR734552>

Annexure A

Details
AGLC
Bridgestone Australia Ltd T/A Bridgestone [2021] FWCA 6110
Case
[2021] FWCA 6110
Decision Date

CaseChat Overview and Summary

Bridgestone Australia Ltd., trading as Bridgestone, applied to the Fair Work Commission for approval of the Bridgestone Australia Ltd Kewdale and Rockingham WA Commercial Store Enterprise Agreement 2020. The application was contested by the Shop, Distributive and Allied Employees Association (SDA). The central issue in this dispute was whether the terms and conditions outlined in the proposed enterprise agreement were fair and reasonable, in line with the requirements of the Fair Work Act 2009.

The Fair Work Commission evaluated the agreement by examining its compliance with the provisions of the Fair Work Act, including whether it provided for fair remuneration, reasonable working hours, and other conditions that promote a harmonious workplace. The Commission considered the balance of rights and obligations between the employer and the employees, as well as the broader economic context and the need for the agreement to reflect genuine bargaining. It also took into account the submissions from both parties and any relevant industry standards.

After a thorough analysis, the Fair Work Commission found that the agreement met the necessary criteria for fairness and reasonableness. The Commission approved the Bridgestone Australia Ltd Kewdale and Rockingham WA Commercial Store Enterprise Agreement 2020, thereby resolving the dispute in favour of Bridgestone. This decision was based on the comprehensive review of the agreement's provisions, which were deemed to appropriately balance the interests of both the employer and the employees.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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