Bridgestone Mining Solutions Australia Pty Ltd

[2023] FWC 2189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bridgestone Mining Solutions Australia Pty Ltd

(AG2023/2781)

BRIDGESTONE MINING SOLUTIONS AUSTRALIA PTY LTD - HUNTER VALLEY - SERVICE TYRE FITTERS - ENTERPRISE AGREEMENT 2023

Vehicle industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 31 AUGUST 2023

Application for the approval of Bridgestone Mining Solutions Australia Pty Ltd - Hunter Valley - Service Tyre Fitters - Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Bridgestone Mining Solutions Australia Pty Ltd-Hunter Valley - Service Tyre Fitters - Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Bridgestone Mining Solutions Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 30 August 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Vehicle Repair, Services and Retail Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisations

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.[1]

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2023. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act 2009 (FW Act), that commenced operation on 6 June 2023. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was before 6 June 2023. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made after 6 June 2023.

Printed by authority of the Commonwealth Government Printer

Bridgestone Mining Solutions Australia Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement. The agreement, covering service tyre fitters in Hunter Valley, was for the year 2023. The application arose from negotiations between the company and the employees' representative, which resulted in a proposed agreement detailing terms and conditions of employment. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the application required the Commission to determine if the agreement provided for appropriate minimum entitlements, was free from prohibited content, and was fairly negotiated.

The Commission examined the proposed agreement to ensure it adhered to the legislative framework. It needed to confirm that the agreement included provisions for minimum rates of pay, penalties, leave entitlements, and other mandatory conditions. Furthermore, the Commission had to ascertain that the agreement did not contain any provisions that would be unlawful or unenforceable under the Act. The fairness of the negotiation process was also scrutinized to ensure there was no coercion or undue influence exerted by the employer. The Commission reviewed submissions from both parties and assessed whether the agreement was in the best interests of the employees.

Upon thorough consideration, the Commission concluded that the enterprise agreement met all legal requirements. It found that the agreement provided for the requisite minimum entitlements and did not contain any prohibited content. The Commission was satisfied that the negotiation process was fair and that the agreement was beneficial to the employees. Therefore, the application was approved, and the enterprise agreement was registered. The decision confirmed that the agreement would govern the employment conditions of the service tyre fitters in Hunter Valley for the year 2023.

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