DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgestone Mining Solutions Australia Pty Ltd
(AG2019/1766)

BRIDGESTONE MINING SOLUTIONS AUSTRALIA PTY LTD - HUNTER VALLEY - SERVICE TYRE FITTERS - ENTERPRISE AGREEMENT 2019

Vehicle industry
COMMISSIONER JOHNS	SYDNEY, 28 JUNE 2019

Application for approval of the Bridgestone Mining Solutions Australia Pty Ltd - Hunter Valley - Service Tyre Fitters - Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bridgestone Mining Solutions Australia Pty Ltd - Hunter Valley - Service Tyre Fitters - Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bridgestone Mining Solutions Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 27 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bridgestone Mining Solutions Australia Pty Ltd recently sought approval of its Enterprise Agreement 2019 from the Fair Work Commission. The application was contested by the Transport Workers Union of Australia, which raised concerns about the agreement's provisions. The Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central issue before the Commission was whether the agreement provided for a fair and efficient workplace, with provisions that adequately balanced the interests of the employer and employees. The Commission needed to consider whether the agreement met the requirements of being "better off overall" for the employees, and whether it complied with the provisions of the Fair Work Act.

The Commission found that the agreement was fair and efficient, providing for adequate protections and benefits for the employees. The Commission noted that the agreement provided for reasonable working hours, adequate pay, and appropriate conditions for employees. The Commission was satisfied that the agreement met the "better off overall" test, and that the provisions were in line with the objectives of the Fair Work Act. The application for approval was ultimately successful, and the agreement was registered.

The Fair Work Commission's decision provides guidance for employers and unions seeking to negotiate and approve enterprise agreements. The Commission's focus on balancing the interests of both parties, and its commitment to ensuring that agreements are fair and efficient, is an important consideration for all parties involved in the negotiation process. The decision reinforces the importance of achieving a fair outcome for all parties, and highlights the role of the Commission in facilitating this process.

Bridgestone Mining Solutions Australia 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