Goodyear & Dunlop Tyres (Aust) Pty Ltd
[2023] FWCA 2145
•13 JULY 2023
| [2023] FWCA 2145 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Goodyear & Dunlop Tyres (Aust) Pty Ltd
(AG2023/1714)
GOODYEAR & DUNLOP TYRES AUSTRALIA (BROOKLYN RETREADING) AGREEMENT 2023
| Vehicle industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 13 JULY 2023 |
Application for variation of the Goodyear & Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2019
An application has been made for approval of a variation to the Goodyear & Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2019 (the Agreement). The application was made by Goodyear & Dunlop Tyres (Aust) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).
The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.
The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 6 April 2020. As part of the variation, those undertakings are now incorporated into the Agreement as varied.
A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Goodyear & Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2019 with the following:
Goodyear & Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2023
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the Act, the variation operates from 13 July 2023.
DEPUTY PRESIDENT
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