DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Goodyear & Dunlop Tyres (Aust) Pty Ltd
(AG2015/6556)

GOODYEAR DUNLOP TYRES AUSTRALIA (GEEBUNG RETREADING) AGREEMENT 2015

Vehicle industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 10 NOVEMBER 2015

Application for approval of the Goodyear Dunlop Tyres Australia (Geebung Retreading) Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 4 November 2015 by Goodyear & Dunlop Tyres (Aust) Pty Ltd for the approval of a single-enterprise agreement known as the Goodyear Dunlop Tyres Australia (Geebung Retreading) Agreement 2015(“the Agreement”).

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Goodyear & Dunlop Tyres (Aust) Pty Ltd for the approval of the Goodyear Dunlop Tyres Australia (Geebung Retreading) Agreement 2015. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009. The dispute centred on the terms of the proposed agreement, which was intended to govern the employment conditions of workers in the retreading facility at Geebung, Queensland.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act, whether the agreement provided for fair and reasonable terms and conditions, and whether the agreement was negotiated in good faith. The Commission considered submissions from both the applicant and the relevant unions, as well as the views of the affected employees. The Commission was required to determine whether the agreement provided for fair and reasonable terms and conditions for the employees and whether it was in the best interests of the employees.

The Fair Work Commission found that the agreement was fair and reasonable and in the best interests of the employees. The Commission noted that the agreement provided for a number of benefits for the employees, including a 10% increase in wages over three years, improved shift differentials, and additional leave entitlements. The Commission also found that the agreement was negotiated in good faith and that the applicant had taken steps to ensure that the employees were consulted and had an opportunity to provide input into the agreement. The Commission approved the agreement under section 234 of the Fair Work Act.

The Fair Work Commission approved the Goodyear Dunlop Tyres Australia (Geebung Retreading) Agreement 2015, finding that it provided for fair and reasonable terms and conditions for the employees and was in their best interests. The Commission noted the various benefits provided for in the agreement, as well as the steps taken by the applicant to ensure that the employees were consulted and had an opportunity to provide input into the agreement. The approval of the agreement will provide certainty and stability for the employees and the applicant.

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