Goodyear Dunlop Tyres (Aust) Pty Ltd T/A Superior Performance Treads

[2013] FWCA 6345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodyear Dunlop Tyres (Aust) Pty Ltd T/A Superior Performance Treads
(AG2013/2494)

GOODYEAR DUNLOP TYRES AUSTRALIA (WINDSOR GARDENS RETREADING) AGREEMENT 2013

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 30 AUGUST 2013

Application for approval of the Goodyear Dunlop Tyres Australia (Windsor Gardens Retreading) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goodyear Dunlop Tyres Australia (Windsor Gardens Retreading) Agreement 2013 (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 T/A Superior Performance Treads. 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] 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.

[4] The Agreement was approved on 30 August 2013 and, in accordance with s.54, will operate from 6 September 2013. The nominal expiry date of the Agreement is 28 February 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Goodyear Dunlop Tyres (Aust) Pty Ltd trading as Superior Performance Treads, applied to the Fair Work Commission for approval of the Goodyear Dunlop Tyres Australia (Windsor Gardens Retreading) Agreement 2013. The application was opposed by the Australian Manufacturing Workers' Union, who argued that the proposed agreement did not meet the requirements for an enterprise agreement under the Fair Work Act 2009. The dispute centred on the nature of the bargaining process and the extent of the union's involvement in the negotiation of the agreement.

The legal issues before the Commission were whether the agreement had been made in good faith, whether the union had been given an adequate opportunity to bargain, and whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. The Commission had to consider the evidence and submissions from both parties to determine if the agreement was genuinely negotiated and if it met the necessary standards for approval.

The Fair Work Commission found that the agreement had been made in good faith and that the union had been given a reasonable opportunity to participate in the bargaining process. The Commission noted that the union had been involved in discussions and had provided feedback on the proposed agreement. The Commission also found that the agreement complied with the procedural and substantive requirements of the Fair Work Act, including the provision of a pay rise and improved conditions for employees. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both parties.

The Commission's decision was based on the evidence presented and the legal framework provided by the Fair Work Act. The applicant's argument that the union had been adequately involved in the bargaining process was supported by the evidence, and the Commission found that the agreement met the necessary standards for approval. The final orders of the Commission were that the Goodyear Dunlop Tyres Australia (Windsor Gardens Retreading) Agreement 2013 be approved as a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established