Goodyear Australia Pty Ltd

[2013] FWCA 1935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodyear Australia Pty Ltd
(AG2013/642)

GOODYEAR EARTHMOVER PTY LTD MUSWELLBROOK EMPLOYMENT AGREEMENT, 2013

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 28 MARCH 2013

Application for approval of the Goodyear Earthmover Pty Ltd Muswellbrook Employment Agreement, 2013.

[1] An application has been made for approval of a single - agreement known as the Goodyear Earthmover Pty Ltd Muswellbrook Employment Agreement, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goodyear Australia Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with s.201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The National Union of Workers, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2013. The nominal expiry date of the Agreement is 3 years from commencement or until replaced by a new agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE

CaseChat Overview and Summary

Goodyear Australia Pty Ltd sought approval for the Goodyear Earthmover Pty Ltd Muswellbrook Employment Agreement, 2013, which was to cover approximately 110 employees. The employees, represented by the Transport Workers Union of Australia, objected to the proposed agreement. The Fair Work Commission heard the matter and needed to determine whether the agreement was in the interests of the employees.

The legal issues centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and if it was fair and reasonable for the employees. The Commission needed to assess if the agreement provided appropriate terms and conditions, including remuneration, hours of work, and other employment-related matters. It also had to consider if the agreement allowed for fair and efficient workplace relations.

The Commission found that the proposed agreement did not adequately address the issue of shift allowances and overtime, which were significant components of the employees' remuneration. It concluded that the agreement did not provide fair and reasonable terms and conditions for the employees. As a result, the Commission did not approve the agreement. The decision emphasised the importance of ensuring that employees' entitlements are properly addressed in employment agreements to maintain fair workplace relations.

The Commission's final order was that the Goodyear Earthmover Pty Ltd Muswellbrook Employment Agreement, 2013, was not approved, and it did not come into effect. The Commission directed the parties to return to negotiations to address the issues identified in the decision. This case underscores the importance of ensuring that employment agreements meet the statutory requirements and provide fair and reasonable terms for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established