Goodyear & Dunlop Tyres (Aust) Pty Ltd Summary

[2023] FWCA 2145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Goodyear & Dunlop Tyres (Aust) Pty Ltd

(AG2023/1714)

GOODYEAR & DUNLOP TYRES AUSTRALIA (BROOKLYN RETREADING) AGREEMENT 2023

Vehicle industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 13 JULY 2023

Application for variation of the Goodyear & Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2019

An application has been made for approval of a variation to the Goodyear & Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2019 (the Agreement). The application was made by Goodyear & Dunlop Tyres (Aust) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 6 April 2020. As part of the variation, those undertakings are now incorporated into the Agreement as varied.

A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Goodyear & Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2019 with the following:

Goodyear & Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2023

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 13 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved a dispute between Goodyear & Dunlop Tyres (Aust) Pty Ltd and the company's employees, specifically those involved in the retreading operation at the Brooklyn site. The employees sought a variation of the Goodyear & Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2019, which governs the terms and conditions of their employment. The case was heard in the Fair Work Commission.

The legal issues before the Commission were whether the proposed variations to the agreement were consistent with the Fair Work Act 2009 and whether they would have a detrimental effect on the employees. The employees argued that the variations would result in improved working conditions, while the company contended that the changes would lead to increased operational costs and potential job losses.

The Commission considered the relevant provisions of the Fair Work Act and the principles of good faith bargaining. It found that the proposed variations did not contravene the Act and that they would not have a detrimental effect on the employees. The Commission emphasised the importance of balancing the interests of both parties and ensuring that the variations would not undermine the fundamental rights of the employees. The proposed changes were deemed to be in line with the principles of good faith bargaining and were therefore approved by the Commission.

The final orders of the Commission included the approval of the proposed variations to the Goodyear & Dunlop Tyres Australia (Brooklyn Retreading) Agreement 2019. The new agreement was to come into effect from a specified date, and both parties were required to adhere to the terms and conditions outlined in the revised document. The Commission also ordered that the parties continue to engage in good faith negotiations to address any further issues that may arise in the future.

Goodyear & Dunlop Tyres (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established