Goodyear & Dunlop Tyres (Aust) Pty Ltd

[2020] FWCA 4333

[2020] FWCA 4333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodyear & Dunlop Tyres (Aust) Pty Ltd
(AG2020/2119)

GOODYEAR DUNLOP TYRES AUSTRALIA (BEAUREPAIRES WINGFIELD) AGREEMENT 2019

Vehicle industry
COMMISSIONER PLATT	ADELAIDE, 18 AUGUST 2020

Application for approval of the Goodyear Dunlop Tyres Australia (Beaurepaires Wingfield) Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Goodyear Dunlop Tyres Australia (Beaurepaires Wingfield) Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Goodyear & Dunlop Tyres (Aust) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 31 July 2020.

[3] On 3 August 2020 my Chambers corresponded with the parties to seek clarification about aspects of the Agreement and the Applicant was invited to address these matters including through the provision of an undertaking. A telephone conference was subsequently held on 10 August 2020.

[4] The Applicant has submitted an undertaking in the required form dated 11 August 2020. The undertaking deals with the following topics:

•  Clause 22.3 (Community Service Leave) - despite the clause outlined in the Agreement, this entitlement will be as per s.109(d)(ii) of the Act.

•  Clause 16.6 (Termination) - despite the clause outlined in the Agreement, this clause will be line with s. 117(2)(a) of the Act.

•  In Clause 1, Award refers to Vehicle, Repair, Services and Retail Award 2020.

•  In Clause 13.1, the reference to Clause 37.2 of the Award will be read as a reference to Clause 22.2 of the Award.

•  In Clause 14.2, the reference to clause 14.1 and 14.2 will be read as references to clause 13.1 and 13.2.

•  The Applicant has inserted a National Employment Standards (NES) precedence clause. Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 17 August 2021.

COMMISSIONER

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