DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodyear & Dunlop Tyres (Aust) Pty Ltd
(AG2016/3181)

GOODYEAR DUNLOP TYRES AUSTRALIA (BEAUREPAIRES WINGFIELD) AGREEMENT 2016

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the Goodyear Dunlop Tyres Australia (Beaurepaires Wingfield) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Goodyear Dunlop Tyres Australia (Beaurepaires Wingfield) 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] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 30 June 2016 and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 7 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Goodyear & Dunlop Tyres (Aust) Pty Ltd, which sought approval for the Goodyear Dunlop Tyres Australia (Beaurepaires Wingfield) Agreement 2016. The dispute centred on the terms and conditions of employment for certain employees, specifically those who worked in Beaurepaires Wingfield stores. The applicants argued that the agreement should be approved as it provided for better terms and conditions, while the respondents contended that the agreement did not adequately protect employees' interests.

The primary legal issue for the Commission to decide was whether the proposed agreement met the requirements of section 233 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in good faith. Additionally, the Commission had to consider whether the agreement complied with the relevant provisions of the Fair Work (Registered Organisations) Act 2009, particularly in relation to the representation of employees.

In assessing the agreement, the Commission considered the submissions and evidence presented by both parties. The Commission noted that the agreement provided for certain improvements in terms and conditions, such as increased pay rates and more favourable leave provisions. However, the Commission was also mindful of the respondents' concerns about the potential impact of the agreement on employee job security and the broader implications for the industry. After careful consideration of all the evidence and submissions, the Commission found that the agreement did provide for fair and reasonable terms and conditions and was made in good faith. The Commission also determined that the agreement complied with the relevant provisions of the Fair Work (Registered Organisations) Act 2009.

Accordingly, the Commission approved the Goodyear Dunlop Tyres Australia (Beaurepaires Wingfield) Agreement 2016, subject to certain conditions and modifications. The approval was effective from the date of the decision and applied to all employees covered by the agreement. The Commission's decision provides guidance for employers and employees in the tyre retail industry, and sets a precedent for future enterprise agreements in the sector.

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