DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodyear & Dunlop Tyres (Aust) Pty Ltd
(AG2019/4856)

GOODYEAR DUNLOP TYRES AUSTRALIA (BROOKLYN RETREADING) AGREEMENT 2019

Vehicle industry
DEPUTY PRESIDENT CROSS	SYDNEY, 6 APRIL 2020

Application for approval of the Goodyear Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2019.

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

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The United Workers Union (‘the UWU’), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the UWU.

[4] The Agreement lodged contained numerous clause cross-referencing errors. On
3 April 2020, the Applicant filed an amended version of the Agreement pursuant to s 586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586 of the Act.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 13 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Goodyear & Dunlop Tyres (Aust) Pty Ltd, sought approval of the Goodyear Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2019 from the Fair Work Commission. The agreement aimed to regulate employment conditions for employees involved in the retreading of tyres at the Brooklyn facility. The dispute centred on the terms of the agreement and whether they complied with the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the necessary legal criteria for approval.

The central legal issues revolved around whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the procedural requirements under the Fair Work Act. Specifically, the Commission had to assess if the agreement had been made in good faith, and whether it contained all the required terms as stipulated by the Act. Additionally, the Commission needed to consider if the agreement had been properly negotiated and whether it was consistent with the overarching principles of the Fair Work Act.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. The Commission was satisfied that the agreement had been made in good faith and contained all the required terms, including those relating to wages, hours of work, and other employment conditions. The Commission also found that the agreement had been properly negotiated and was consistent with the principles of the Fair Work Act. Consequently, the Commission approved the Goodyear Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2019, confirming its compliance with the relevant statutory requirements.

The Fair Work Commission approved the Goodyear Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2019, effective from 1 April 2019. The approval encompassed the agreement's terms and conditions, which now govern the employment of workers at the Brooklyn facility. The decision finalised the procedural and substantive requirements of the Fair Work Act, providing legal certainty for both the employer and employees involved.

Goodyear & Dunlop Tyres (Aust) 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