Bridgestone Australia Ltd. Trading AS Bridgestone Australia

[2025] FWCA 3431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bridgestone Australia Ltd. Trading AS Bridgestone Australia

(AG2025/3244)

BANDAG MANUFACTURING PTY LTD – ENGINEERING – ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT LAKE	BRISBANE, 13 OCTOBER 2025

Application for approval of the Bandag Manufacturing Pty Ltd – Engineering – Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Bandag Manufacturing Pty Ltd – Engineering – Enterprise Agreement 2025 (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. Trading AS Bridgestone Australia (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.

The Agreement does not contain a delegates’ rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

Clause 41.5 – Redundancy
Clause 40.1(e) – Notice of Termination
Clause 20.1 – Abandonment of Employment.

Noting clause 3.1 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (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.

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.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bridgestone Australia Ltd., trading as Bridgestone Australia, applied for the approval of the Bandag Manufacturing Pty Ltd – Engineering – Enterprise Agreement 2025. This application was made under section 185 of the Fair Work Act 2009, with the aim to formalise the terms of employment between Bridgestone Australia and its employees. Bridgestone Australia provided written undertakings which were deemed satisfactory by the court, ensuring no financial detriment to employees and no substantial changes to the agreement.

The court needed to determine whether the agreement met the requirements of the Fair Work Act, particularly regarding financial detriment to employees, consistency with the National Employment Standards, and the inclusion of necessary terms such as delegates’ rights. The court found that while the agreement did not explicitly include a delegates’ rights term, the prescribed term from the Manufacturing and Associated Industries and Occupations Award 2020 would be incorporated. Some provisions were identified as potentially inconsistent with the National Employment Standards; however, the court was satisfied that the more beneficial entitlements would prevail where discrepancies arose.

The Australian Manufacturing Workers’ Union, known as the Australian Manufacturing Workers’ Union (AMWU), had declared its intention for the agreement to cover its members. The court confirmed that the agreement indeed covered the AMWU, complying with the statutory requirements. With the satisfactory undertakings and the resolution of potential inconsistencies, the court approved the agreement, which will be effective from its nominal expiry date of 30 September 2026.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established