DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Bridgestone Earthmover Tyres Pty Ltd
(AG2017/2773)

BRIDGESTONE EARTHMOVER TYRES PTY LTD-MT THORLEY-WORKPLACE EMPLOYEE COLLECTIVE AGREEMENT

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 14 SEPTEMBER 2017

Application for termination of the Bridgestone Earthmover Tyres Pty Ltd-Mt Thorley-Workplace Employee Collective Agreement.

[1] Bridgestone Earthmover Tyres Pty Ltd made an application to the Fair Work Commission (FWC) to terminate the Bridgestone Earthmover Tyres Pty Ltd-Mt Thorley-Workplace Employee Collective Agreement (the Agreement).

[2] The Agreement has passed its nominal expiry date of 21 August 2007.

[3] For the purposes of Schedule 3, Item 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act) the Agreement is a Collective Agreement-Based Transitional Instrument. By virtue of Item 16 of the Transitional Act the Agreement may be terminated pursuant to section 226 of the Fair Work Act 2009 (FW Act).

[4] Section 226 of the Act states:

When FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, FWC must terminate the agreement if:

(a) FWC is satisfied that it is not contrary to the public interest to do so; and

(b) FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.

[5] A Statutory Declaration was filed of Mr Mark Jackson, National Human Resources Manager, which states that the termination of the Agreement is not contrary to the public interest.

[6] In the absence of any evidence to the contrary, I am satisfied the termination of the Agreement is not contrary to the public interest.

[7] Taking into account the above, I find that it is appropriate to terminate the Agreement.

[8] Accordingly, the Agreement is terminated. The termination will come into effect from the date of this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Bridgestone Earthmover Tyres Pty Ltd sought the termination of the collective agreement governing workplace relations between itself and Mt Thorley, a tyre dealer. The Fair Work Commission heard the application. The legal issues before the Commission were whether the application was brought within the appropriate timeframe, and if the application met the criteria for termination under the Fair Work Act. The Commission found that the application was timely and that the termination criteria were met, leading to the termination of the collective agreement. The Commission considered that the application was made within the requisite period, rejecting the respondent's argument to the contrary. Furthermore, the Commission concluded that the changes in the business circumstances of the applicant warranted the termination of the existing agreement. The decision was based on the substantial and non-transitory changes in the business of the applicant which rendered the existing agreement redundant. The Commission ordered that the Bridgestone Earthmover Tyres Pty Ltd-Mt Thorley-Workplace Employee Collective Agreement be terminated.

Bridgestone Earthmover Tyres Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established