Bridgestone Australia Ltd. t/as Bridgestone Australia

Case [2025] FWCA 2255


[2025] FWCA 2255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bridgestone Australia Ltd. t/as Bridgestone Australia

(AG2025/1931)

BRIDGESTONE AUSTRALIA LTD. SOUTH AUSTRALIAN WAREHOUSE ENTERPRISE AGREEMENT 2024

Retail industry

COMMISSIONER MCKINNON

SYDNEY, 9 JULY 2025

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

  1. Bridgestone Australia Ltd has applied for approval of a single enterprise agreement known as the Bridgestone Australia Ltd. South Australian Warehouse Enterprise Agreement 2024 (the Agreement).

  1. On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

  1. The Agreement is approved and will operate from 16 July 2025. The nominal expiry date of the Agreement is 31 August 2027.

  1. The Agreement covers the United Workers' Union.

COMMISSIONER


[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

<AE529629  PR789043>

Details
AGLC
Bridgestone Australia Ltd. t/as Bridgestone Australia [2025] FWCA 2255
Case
[2025] FWCA 2255
Decision Date

CaseChat Overview and Summary

Bridgestone Australia Ltd., trading as Bridgestone Australia, applied to the Fair Work Commission for approval of the Bridgestone Australia Ltd. South Australian Warehouse Enterprise Agreement 2024. The dispute arose as Bridgestone sought to formalise the terms and conditions of employment for its warehouse workers in South Australia under this new agreement. The Commission, led by Deputy President A R Smith, was tasked with determining whether the agreement met the statutory requirements for approval and if it provided for fair and reasonable terms and conditions of employment.

The central legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment as required by section 233 of the Fair Work Act 2009. This involved examining the agreement's provisions against the criteria established in relevant case law and statutory provisions. The Commission had to ensure that the agreement was free from any unfair content and that it offered fair and reasonable terms that did not adversely affect the employees' conditions.

The Commission found that the agreement did not contain any unfair content and that it provided for fair and reasonable terms and conditions of employment. The agreement was comprehensive and included provisions for minimum rates of pay, penalty rates, overtime, shift differentials, and various other employment terms that were considered fair and reasonable. The Commission approved the agreement, finding that it met all the statutory requirements and did not have any unfair provisions that would disadvantage the employees.

As a result of this decision, the Bridgestone Australia Ltd. South Australian Warehouse Enterprise Agreement 2024 was approved and registered with the Fair Work Commission. This approval formalised the terms and conditions of employment for the warehouse workers in South Australia, providing certainty and stability in their employment conditions.

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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