DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Comfort Group Pty Ltd T/A Dunlops Foams
(AG2019/4158)

AUSTRALIAN COMFORT GROUP ENTERPRISE AGREEMENT (PERTH) 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 26 NOVEMBER 2019

Application for approval of the Australian Comfort Group Enterprise Agreement (PERTH) 2019.

[1] Australian Comfort Group Pty Ltd T/A Dunlops Foams has made an application for the approval of an enterprise agreement known as the Australian Comfort Group Enterprise Agreement (PERTH) 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] The Construction, Forestry, Maritime, Mining and Energy Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[7] The Agreement was approved on 26 November 2019 and, in accordance with s 54, will operate from 3 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Comfort Group Pty Ltd, trading as Dunlops Foams, applied for the approval of the Australian Comfort Group Enterprise Agreement (Perth) 2019. The application was made to the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary legislative standards for approval. The applicant argued that the agreement was fairly negotiated and met the requirements set out in the Fair Work Act 2009.

The central legal issue for the Commission was whether the enterprise agreement was fairly negotiated and met all the statutory requirements for approval under the Fair Work Act. This included assessing whether the agreement dealt with the employees' terms and conditions of employment in a manner that was procedurally fair and substantively just. The Commission had to consider the process of negotiation, the content of the agreement, and whether it complied with the Fair Work Act's requirements.

The Commission found that the enterprise agreement was fairly negotiated and contained provisions that were procedurally and substantively fair. The negotiation process was deemed to be appropriate, and the content of the agreement was considered to be reasonable and balanced. The Commission concluded that the agreement met all the legislative requirements for approval, and granted the application for approval of the Australian Comfort Group Enterprise Agreement (Perth) 2019. As a result, the agreement became legally binding on the parties involved, and the Commission's decision was final and binding.

Australian Comfort Group Pty Ltd T/A Dunlops Foams

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established