Bridgestone Australia Pty Ltd

[2013] FWCA 5304

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Australia Pty Ltd
(AG2013/7202)

QUALITY TYRE SALES PTY. LTD. (NSW) COLLECTIVE WORKPLACE AGREEMENT 2013

Vehicle industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 2 AUGUST 2013

Application for approval of the Quality Tyre Sales Pty. Ltd. (NSW) Collective Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Quality Tyre Sales Pty. Ltd. (NSW) Collective Workplace Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Bridgestone Australia Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The National Union of Workers - New South Wales Branch, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 10 July 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 9 August 2013. The nominal expiry date of the Agreement is 19 January 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

“Annexure A”

CaseChat Overview and Summary

Bridgestone Australia Pty Ltd and Quality Tyre Sales Pty Ltd were involved in an application before the Fair Work Commission, concerning the approval of the Quality Tyre Sales Pty Ltd (NSW) Collective Workplace Agreement 2013. The application arose from a dispute over the terms and conditions of employment for certain employees within the tyre distribution industry. The primary legal issue before the Commission was whether the proposed collective workplace agreement met the requirements of the Fair Work Act 2009, particularly in terms of being a "better off overall test" (BOOT) agreement.

The Commission considered whether the agreement provided employees with improved terms and conditions compared to their previous arrangements or the applicable award. It assessed the agreement's provisions against the legislative criteria for approval, ensuring it did not undermine the protection of employee rights and did not have an adverse effect on the overall employment conditions. The Commission evaluated the submissions from both parties, including evidence related to the economic and operational context of the tyre distribution industry.

Upon reviewing the evidence, the Fair Work Commission determined that the Quality Tyre Sales Pty Ltd (NSW) Collective Workplace Agreement 2013 met the statutory requirements for approval. The agreement was found to provide employees with better overall terms and conditions, satisfying the BOOT requirement. The Commission noted the agreement's provisions aligned with the principles of the Fair Work Act, ensuring fair and reasonable terms for employees while also considering the operational needs of the employer. The Commission approved the agreement, allowing it to become legally binding upon the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established