Australian Comfort Group Pty Ltd Summary

[2015] FWCA 1252

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Comfort Group Pty Ltd

(AG2015/199)

AUSTRALIAN COMFORT GROUP SOUTH AUSTRALIA

ENTERPRISE AGREEMENT 2014-2016

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT

ADELAIDE, 20 FEBRUARY 2015

O'CALLAGHAN

Application for approval of the Australian Comfort Group South Australia Enterprise

Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the

Australian Comfort Group South Australia Enterprise Agreement 2014-2016 (the

Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

It has been made by Australian Comfort Group Pty Ltd. The Agreement is a single-enterprise

agreement.

[2] An undertaking has been provided in the following terms:

“1. In relation to the Annual Leave provisions (Clause 25):

a) The Agreement will allow for an additional 5 days paid annual leave
per year as per the National Employment Standards to be provided to
Shift Workers, as are defined in the Manufacturing and Associated
Industries and Occupations award clause 41.3(a) being:
Definition of shiftworker

(a) For the purpose of the additional week of annual leave provided
for in s.87 of the Act, a shiftworker is a seven day shiftworker who is
regularly rostered to work on Sundays and public holidays.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy

of advice provided by the employer is attached to the Agreement as Annexure A.

[4] 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.
[2015] FWCA 1252

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

28 February 2015. The nominal expiry date of the Agreement is 30 October 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Australian Comfort Group Pty Ltd, the application for the approval of the Australian Comfort Group South Australia Enterprise Agreement 2014-2016 was made under section 185 of the Fair Work Act 2009. The applicant, Australian Comfort Group Pty Ltd, sought to have this single-enterprise agreement approved. The application was heard by the Fair Work Commission, with the Senior Deputy President delivering the decision on 20 February 2015.

The primary legal issues before the court were whether the agreement met the statutory requirements for approval under sections 186, 187, and 188 of the Fair Work Act. Specifically, the court had to determine if the agreement complied with the criteria for approval, including whether it was free from prohibited content and if it had been negotiated in good faith. The court also needed to consider any undertakings provided by the employer in relation to specific clauses in the agreement, such as those pertaining to annual leave provisions for shift workers.

The court found that the agreement satisfied all the statutory requirements for approval. Notably, it was satisfied that the employer's undertaking regarding the annual leave provisions for shift workers met the criteria outlined in the Manufacturing and Associated Industries and Occupations Award. Consequently, the court approved the agreement, which was to operate from 28 February 2015, with a nominal expiry date of 30 October 2016.

Australian Comfort Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established