DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Tyre Sales Pty Ltd t/a Bridgestone Australia Ltd
(AG2016/3075)

QUALITY TYRE SALES PTY. LTD. (SOUTH AUSTRALIAN) SINGLE ENTERPRISE AGREEMENT 2016

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

Application for approval of the Quality Tyre Sales Pty. Ltd. (South Australian) Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Quality Tyre Sales Pty. Ltd. (South Australian) Single Enterprise 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 Quality Tyre Sales Pty Ltd t/a Bridgestone Australia 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 23 June 2016 and, in accordance with s.54, will operate from 30 June 2016. The nominal expiry date of the Agreement is 18 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Quality Tyre Sales Pty Ltd trading as Bridgestone Australia Ltd, sought approval of a single enterprise agreement for its employees in South Australia. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval as outlined in the Fair Work Act 2009. The applicants argued that the agreement fairly represented the interests of the employees and contained the necessary provisions to ensure a balanced and equitable workplace.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements of the Act, whether it contained the mandatory minimum terms and conditions, and whether it was fair and reasonable in all its parts. Additionally, the Commission had to consider if the agreement adequately covered the employees' terms and conditions of employment and whether it complied with the relevant legislative provisions. The Commission also had to assess if the agreement had been genuinely negotiated between the parties and if it provided for a fair and efficient workplace.

In reaching its decision, the Commission examined the evidence provided by both parties and considered the provisions of the agreement. The Commission found that the agreement had been made in accordance with the Act and contained the mandatory minimum terms and conditions. The Commission also determined that the agreement was fair and reasonable in all its parts and provided for a balanced and equitable workplace. The Commission noted that the agreement had been genuinely negotiated between the parties and provided for a fair and efficient workplace. Based on these findings, the Commission approved the Quality Tyre Sales Pty Ltd (South Australian) Single Enterprise Agreement 2016.

The Commission made an order approving the Quality Tyre Sales Pty Ltd (South Australian) Single Enterprise Agreement 2016, effective from the date of the decision. The order noted that the agreement would remain in force until it was terminated or replaced by a new agreement. The Commission also noted that any disputes arising from the agreement could be referred to the Commission for resolution. The approval of the agreement provided certainty and stability for both the employer and employees, ensuring that their terms and conditions of employment were fairly and adequately covered.

Quality Tyre Sales Pty Ltd t/a Bridgestone Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established