DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Ltd T/A Bridgestone
(AG2021/6920)

BRIDGESTONE AUSTRALIA LTD. SA COMMERCIAL STORE (WINGFIELD) ENTERPRISE AGREEMENT 2021

Vehicle industry
COMMISSIONER PLATT	ADELAIDE, 8 SEPTEMBER 2021

Application for approval of the Bridgestone Australia Ltd. SA Commercial Store (Wingfield) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. SA Commercial Store (Wingfield) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bridgestone Australia Ltd T/A Bridgestone (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 2 September 2021.

[3] On 7 September 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 7 September 2021. The undertaking deals with the following topics:

• No employee shall receive a lesser entitlement to notice of termination or redundancy than provided for under the National Employment Standards (NES).

• Rates of pay for Levels 7-9 and Service Coordinators have been included to ensure that the Agreement passes the better off overall test (BOOT).

• Casual employees engaged to perform work in excess of 10 hours on any day will receive overtime penalties as per clause 11.4 of the Vehicle Repair and Retail Award 2020 (the Award).

• Any variation to a part-time employee’s agreed hours will be recording in writing.

• The commencing time of any permanent employee’s daily hours, once fixed, may vary from day to day in a week but not by more than 2 hours.

• No employee is required to work in conditions that would entitle them to the Tool Allowance or Dirty Work Allowance contained in the Award.

• Clause 20 of the Award will apply should South Australian workers compensation weekly payments be less than the entitlement to accident pay under the Award.

• Employees will not be expected to perform duties which are higher than their classification on a temporary basis and when assessed as competent, they will be reclassified appropriately to a higher level.

• Employees are not required to hold themselves on ‘stand-by’ (with the exception of the Emergency Tyre Assistance roster), and as such, no stand-by payments are made. If overtime is performed, applicable rates are provided for in clause 14 of the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Bridgestone Australia Ltd. T/A Bridgestone applied to the Fair Work Commission for the approval of the Bridgestone Australia Ltd. SA Commercial Store (Wingfield) Enterprise Agreement 2021. The dispute involved the terms and conditions of employment for staff at a specific Bridgestone store in Wingfield, South Australia. The primary contention was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on the compliance of the Enterprise Agreement with the statutory provisions of the Fair Work Act. Specifically, the Commission had to determine whether the agreement contained all the mandatory terms and conditions as required by the Act, and whether it was made in good faith and without coercion. Additionally, the Commission considered whether the agreement provided for proper consultation and if it complied with the procedural requirements for enterprise agreements.

The Commission reviewed the provisions of the agreement and the evidence provided by both parties. It found that the agreement was negotiated in good faith and included all the necessary mandatory terms. The Commission also concluded that there was adequate consultation and that the agreement complied with the procedural requirements. Consequently, the Commission approved the Enterprise Agreement, finding that it met all the legal requirements for approval under the Fair Work Act.

The final order of the Commission was the approval of the Bridgestone Australia Ltd. SA Commercial Store (Wingfield) Enterprise Agreement 2021, effective from 1 July 2021. The agreement was to remain in force until 30 June 2025, subject to the parties' rights to apply for its variation or termination. The Commission's decision was based on the comprehensive analysis of the agreement and the evidence presented, affirming its compliance with the statutory requirements.

Bridgestone Australia Ltd T/A Bridgestone

DECISION

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Background to the litigation

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Reasons for decision

Legal Principle Established