DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Comfort Group Pty Ltd T/A Dunlop Foams
(AG2018/392)

DUNLOP FOAMS (BRISBANE) ENTERPRISE AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 JUNE 2018

Application for approval of the Dunlop Foams (Brisbane) Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Dunlop Foams (Brisbane) Enterprise Agreement 2017-2020 (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 T/A Dunlop Foams. 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Comfort Group Pty Ltd, trading as Dunlop Foams, applied to the Fair Work Commission for approval of the Dunlop Foams (Brisbane) Enterprise Agreement 2017-2020. The application was brought following a vote by the employees of Dunlop Foams in which the proposed agreement was approved. The nature of the dispute was whether the proposed agreement met the requirements of the Fair Work Act 2009, including compliance with minimum entitlements and the process for its approval.

The legal issues before the court included whether the agreement provided for minimum terms and conditions of employment as mandated by the Fair Work Act, and whether the proper process for employee consultation and approval of the agreement had been followed. The court also needed to determine if the agreement contained any terms that were contrary to public policy or that had the potential to undermine the operation of the Fair Work Act.

The Fair Work Commission found that the Dunlop Foams (Brisbane) Enterprise Agreement 2017-2020 did provide for the minimum terms and conditions required by the Fair Work Act. The Commission was satisfied that the process for employee consultation and approval of the agreement was conducted properly, with a sufficient majority of employees voting in favour of the agreement. No terms were found to be contrary to public policy, nor did any term have the potential to undermine the operation of the Fair Work Act. The Commission approved the agreement, and it became effective on the date of the Commission’s decision.

Australian Comfort Group Pty Ltd T/A Dunlop Foams

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established