Application for termination of the Bridgestone Australia Ltd. Rocklea Commercial Store Enterprise Agreement 2022

[1] On 7 November 2025, Bridgestone Australia Ltd (the Applicant) made an application of the termination of the Bridgestone Australia Ltd. Rocklea Commercial Store Enterprise Agreement 2022 (the Agreement), an enterprise agreement that had passed its nominal expiry date and termination had been agreed to pursuant to s.222 of the Fair Work Act 2009 (the Act).

[2] The nominal expiry date of the Agreement was 31 October 2025.

[3] The following sections of the Act are relevant to this application:

"222 Application for the FWC's approval of a termination of an enterprise agreement

(1) If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to the FWC for approval of the termination.

(2) The application must be accompanied by any declarations that are required by the procedural rules to accompany the application.

(a) within 14 days after the termination is agreed to; or

(b) if in all the circumstances the FWC considers it fair to extend that period - within such further period as the FWC allows.

223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement."

[4] The Applicant is the employer covered by the Agreement.

[5] Termination was agreed to on 5 November 2025. The Application was made within the timeframe required.

[6] The application was supported by a Form F24A declaration of Sarah Duffield, Manager, which is relevantly summarised as follows:

• The Agreements nominal expiry date is 31 October 2025.

• From 29 October 2025 to 4 November 2025, briefings were held by the employer to ensure that the relevant employees and the United Workers Union were notified and given reasonable opportunity to decide whether they wanted to approve the termination of the Agreement.

• The Employees were notified in a meeting on 29 October 2025 that the Employer intended to terminate the Agreement by way of vote and issued a letter with the details for the vote. Employees also received communication from Vero Voting between 4 November 2025 and 5 November 2025.

• The vote was held on 5 November 2025.

• Of the 24 employees covered by the Agreement, 23 cast a valid vote, and 12 voted to approve the termination of the Agreement.

[7] On 10 November 2025, my Chambers provided a Notice of Listing to the Applicant and United Workers Union that included directions that any party wishing to oppose the termination of the Agreement was to contact Chambers by 4:00pm on 14 November 2025. The Applicant was directed to provide the Form F24A together with the Application and a copy of the Notice of Listing to all employees covered by the Agreement. The Applicant has provided proof that this was complied with, and that the Union and employees were emailed the Notice of Listing on 12 November 2025, and that copies were made available in the Staff Common area and it was communicated to all staff on site verbally by their respective managers. Neither the Union or any employees communicated with my Chambers or advised they were opposed to the termination of the Agreement.

[8] I am satisfied that the employer complied with subsection 220(2) of the Act by giving the affected employees a reasonable opportunity to decide whether they wanted to approve the proposed termination. Whilst the termination potentially has a significant impact on severance entitlements that information was provided in clear terms to the parties prior to the vote. There are no other reasonable grounds for believing that the employees have not agreed to the termination.

[9] I am satisfied that each of the requirements contained in ss.222 and 223 of the Act have been met and it is appropriate to terminate the Agreement.

[10] In accordance with s.224 of the Act, the termination will come into effect from today, 25 November 2025.

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