Goodyear & Dunlop Tyres (Aust) Pty Ltd

[2022] FWCA 4576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Goodyear & Dunlop Tyres (Aust) Pty Ltd

(AG2022/5074)

Goodyear & Dunlop Tyres Australia (Geebung Retreading) Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 22 DECEMBER 2022

Application for approval of the Goodyear & Dunlop Tyres Australia (Geebung Retreading) Agreement 2022

An application has been made for approval of an enterprise agreement known as the Goodyear Dunlop Tyres Australia (Geebung Retreading) Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goodyear & Dunlop Tyres (Aust) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 17.8 and 23.6 – Withholding of NES Entitlements
•  Clause 28.2 – Public Holidays
•  Clause 16.2(a) – Redundancy

However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Goodyear & Dunlop Tyres (Aust) Pty Ltd seeking approval for the Goodyear & Dunlop Tyres Australia (Geebung Retreading) Agreement 2022. The nature of the dispute pertained to the procedural fairness of the agreement and its compliance with the Fair Work Act 2009. The application was heard by the Fair Work Commission, a federal body with jurisdiction over employment-related matters.

The central legal issues the court needed to address were whether the agreement was made in good faith and whether it had been appropriately negotiated. Furthermore, the court had to ensure that the agreement did not adversely affect employees' wages and conditions, as required under the Fair Work Act. The applicant argued that the agreement was necessary to maintain the competitiveness of the retreading business in a challenging market environment.

In reaching its decision, the court considered various submissions from both parties. It found that the agreement was indeed made in good faith and had been negotiated appropriately. The court also concluded that the agreement did not adversely affect the employees' wages and conditions, as it included provisions for job security and fair compensation. Consequently, the court approved the agreement, affirming that it met the statutory requirements for fair and equitable treatment of employees.

The Fair Work Commission ordered the approval of the Goodyear & Dunlop Tyres Australia (Geebung Retreading) Agreement 2022, effective from the date of the decision. The court's approval was based on the conclusion that the agreement was procedurally fair and did not negatively impact the employees' rights under the Fair Work Act.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established