DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodyear & Dunlop Tyres (Aust) Pty Ltd
(AG2016/4872)

GOODYEAR DUNLOP TYRES AUSTRALIA (BROOKLYN RETREADING) AGREEMENT 2016

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 16 SEPTEMBER 2016

Application for approval of the Goodyear Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Goodyear Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The National Union of Workers 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 23 September 2016. The nominal expiry date of the Agreement is 22 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Goodyear & Dunlop Tyres (Aust) Pty Ltd, the Fair Work Commission was called upon to determine whether to approve the Goodyear Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2016. The agreement, which was proposed between Goodyear & Dunlop Tyres (Aust) Pty Ltd and the Transport Workers Union, sought to establish the terms and conditions of employment for employees at the Brooklyn retreading facility. The dispute centred on the fairness and appropriateness of the proposed agreement, particularly in relation to the provisions concerning wages, conditions, and dispute resolution mechanisms.

The key legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, and whether the agreement was fair and appropriate for the employees it covered. The Commission needed to assess the agreement's compliance with the "better off overall test" and consider whether the agreement provided employees with a fair and reasonable set of terms and conditions, taking into account the current economic climate and the parties' bargaining positions.

In its decision, the Commission acknowledged the complexity of the agreement and the need for careful consideration of the various provisions. The Commission found that, overall, the agreement was fair and appropriate for the employees at the Brooklyn retreading facility. The Commission noted that the agreement provided for a reasonable wage increase, maintained a number of existing conditions of employment, and included provisions for dispute resolution that were considered to be fair and effective. The Commission was satisfied that the agreement met the "better off overall test" and was therefore appropriate for approval.

As a result of the Commission's decision, the Goodyear Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2016 was approved, and will now form the basis of the terms and conditions of employment for employees at the Brooklyn retreading facility. The decision provides clarity and certainty for both the employer and the employees, and ensures that the agreement is fair and appropriate for all parties 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