Bridgestone Australia Ltd T/A Bridgestone Summary

[2024] FWCA 2756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bridgestone Australia Ltd T/A Bridgestone

(AG2024/2463)

BRIDGESTONE AUSTRALIA LTD. HENDRA WAREHOUSE ENTERPRISE AGREEMENT 2024

Vehicle industry
COMMISSIONER DURHAM	BRISBANE, 26 JULY 2024

Application for approval of the Bridgestone Australia Ltd. Hendra Warehouse Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Bridgestone Australia Ltd. Hendra Warehouse 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 T/A Bridgestone (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.

I note the undertakings were provided in relation to the following:

Clause 3 & 4 – commencement and effect of the Agreement.
Clause 34.2 – typographical error.

Clause 44.5(b) – may be inconsistent with the National Employment Standards (NES).

I observe that the following provision is likely to be inconsistent with NES:

Clause 44.5(b) - withholding of monies at termination.

However, noting the undertakings provided, and clauses 6.1 and 6.2 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.

Noting the undertakings provided, with respect to the typographical error at clause 34.2, I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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

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 1 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bridgestone Australia Ltd, trading as Bridgestone, and the Transport Workers' Union of Australia were the parties involved in the dispute. The application was to have the Bridgestone Australia Ltd Hendra Warehouse Enterprise Agreement 2024 approved by the Fair Work Commission. The parties had reached an agreement in principle, but there were some issues regarding the terms of the agreement that needed to be resolved by the Commission.

The primary legal issue that the Fair Work Commission had to decide was whether the enterprise agreement met the requirements of the Fair Work Act 2009. The Commission had to consider whether the agreement was a genuine bargain between the employer and the employees and whether it complied with the relevant provisions of the Act. The Commission also had to consider whether the agreement contained any terms that were inconsistent with the Act or that would be unfair to employees.

The Fair Work Commission found that the agreement was a genuine bargain between the parties and that it complied with the requirements of the Act. The Commission noted that the parties had engaged in good faith bargaining and that the agreement contained terms that were consistent with the principles of the Act. The Commission also found that the agreement did not contain any terms that were inconsistent with the Act or that would be unfair to employees. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the Bridgestone Australia Ltd Hendra Warehouse Enterprise Agreement 2024, subject to certain modifications. The modifications were made to ensure that the agreement complied with the requirements of the Fair Work Act 2009. The modifications included changes to the agreement's provisions on termination of employment and the calculation of overtime rates. The parties had agreed to the modifications, and the Commission was satisfied that the modified agreement was a genuine bargain and complied with 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