Bridgestone Australia Ltd. T/A Bridgestone Australia Summary

[2025] FWCA 431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bridgestone Australia Ltd. T/A Bridgestone Australia

(AG2024/4314)

BRIDGESTONE AUSTRALIA LTD. SA COMMERCIAL STORE (WINGFIELD) ENTERPRISE AGREEMENT 2024

Retail industry
COMMISSIONER THORNTON	ADELAIDE, 3 FEBRUARY 2025

Application for approval of the Bridgestone Australia Ltd. SA Commercial Store (Wingfield) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd SA Commercial Store (Wingfield) Enterprise Agreement 2024 (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.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 10 February 2025. The nominal expiry date of the Agreement is 1 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bridgestone Australia Limited, trading as Bridgestone Australia, filed an application with the Fair Work Commission seeking approval of the Bridgestone Australia Ltd. SA Commercial Store (Wingfield) Enterprise Agreement 2024. The dispute centred around whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and was fair and reasonable in all its terms. The Commission was tasked with determining whether the agreement met the criteria for approval, including whether it provided for minimum terms and conditions of employment, and whether it was made in good faith and without the coercion or pressure.

The legal issues before the Commission included whether the agreement appropriately covered the terms of employment, including wages, hours of work, leave entitlements, and other conditions such as flexibility and dispute resolution mechanisms. Additionally, the Commission needed to assess whether the agreement adhered to the principles of procedural fairness and was made without any improper influence or duress. The application also required consideration of whether the agreement provided for a proper balance of interests between the employer and employees.

In rendering its decision, the Commission found that the proposed enterprise agreement was comprehensive and met the statutory requirements under the Fair Work Act. The agreement was deemed to provide for the minimum terms and conditions of employment and included provisions for flexibility and dispute resolution. The Commission was satisfied that the agreement was made in good faith and without any undue influence or coercion. The balance of the agreement was considered fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the Bridgestone Australia Ltd. SA Commercial Store (Wingfield) Enterprise Agreement 2024.

Bridgestone Australia Ltd. T/A Bridgestone Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established