DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodyear & Dunlop Tyres (Aust) Pty Ltd
(AG2019/1543)

GOODYEAR & DUNLOP TYRES AUSTRALIA (GEEBUNG RETREADING) AGREEMENT 2019

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 15 JULY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Goodyear & Dunlop Tyres Australia (Geebung Retreading) Agreement 2019 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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

[4] 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) 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 22 July 2019. The nominal expiry date of the Agreement is 21 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Goodyear & Dunlop Tyres (Aust) Pty Ltd sought approval from the Fair Work Commission for the Goodyear & Dunlop Tyres Australia (Geebung Retreading) Agreement 2019. The application was made under section 230 of the Fair Work Act 2009. The applicant argued that the agreement should be approved because it provided for modern, fair and flexible workplace arrangements that reflected the needs of the business and its employees.

The central legal issue before the Commission was whether the agreement met the criteria for registration under section 230 of the Act. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it was in the best interests of the employees and the employer. The Commission also had to consider whether the agreement provided for modern, flexible and efficient workplace arrangements, and whether it provided for fair and reasonable terms and conditions in relation to any relevant matters.

The Commission found that the agreement met the criteria for registration under section 230 of the Act. The Commission noted that the agreement provided for flexible working arrangements, including the ability for employees to work from home, and for flexible working hours. The Commission also noted that the agreement provided for a range of modern workplace arrangements, including the use of technology to monitor employee performance and the use of performance management systems. The Commission found that the agreement provided for fair and reasonable terms and conditions in relation to these matters, and that it was in the best interests of the employees and the employer.

The Commission approved the Goodyear & Dunlop Tyres Australia (Geebung Retreading) Agreement 2019, and registered it as a registered agreement under section 176 of the Fair Work Act 2009. The agreement will apply to all employees of the applicant who are covered by the agreement, and will remain in force until it is terminated or varied by a future registered agreement.

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