DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Comfort Group Pty Ltd T/A Sleepmaker
(AG2016/597)

SLEEPMAKER (NSW) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 4 APRIL 2016

Application for approval of the Sleepmaker (NSW) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sleepmaker (NSW) Enterprise Agreement 2015 (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 Sleepmaker. 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 Construction, Forestry, Mining and Energy Union 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 11 April 2016. The nominal expiry date of the Agreement is 4 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Comfort Group Pty Ltd trading as Sleepmaker, sought approval of the Sleepmaker (NSW) Enterprise Agreement 2015 under section 231 of the Fair Work Act 2009. The respondents included various unions and trade associations representing employees. The dispute centred around whether the proposed agreement met the criteria for registration and approval as a registered agreement, specifically if it provided for the terms and conditions of employment of employees in a fair and flexible manner. The case was heard in the Fair Work Commission.

The primary legal issues revolved around whether the agreement provided for fair and flexible terms and conditions of employment, as required by section 230 of the Fair Work Act 2009. Additionally, the court had to determine if the agreement met the good faith bargaining requirement under section 228 of the Act. The court examined if the agreement was made in good faith, and if it contained terms and conditions that were fair and flexible.

The Fair Work Commission found that the agreement did provide for fair and flexible terms and conditions of employment. It was noted that the agreement had been made in good faith and contained terms and conditions that were fair and flexible. The commission approved the agreement, emphasising that it provided for appropriate mechanisms for resolving disputes and included provisions that were in line with the objectives of the Fair Work Act 2009.

The court approved the Sleepmaker (NSW) Enterprise Agreement 2015. The agreement was found to meet the legal requirements for registration and approval, and it was deemed to provide for fair and flexible terms and conditions of employment. The commission's decision was based on a thorough examination of the agreement's contents and the process through which it was developed.

Australian Comfort Group Pty Ltd T/A Sleepmaker

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established