Australian Comfort Group Pty Ltd T/A Sleepmaker and Dunlop Foams Summary

[2022] FWCA 2744

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Comfort Group Pty Ltd T/A Sleepmaker and Dunlop Foams

(AG2022/3203)

Australian Comfort Group (Tasmania) Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 12 AUGUST 2022

Application for approval of the Australian Comfort Group (Tasmania) Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Australian Comfort Group (Tasmania) Enterprise Agreement 2022 (Agreement). The application was made by Australian Comfort Group Pty Ltd T/A Sleepmaker and Dunlop Foams (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry, Maritime, 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2022. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the Australian Comfort Group Pty Ltd trading as Sleepmaker and Dunlop Foams, which sought approval for the Australian Comfort Group (Tasmania) Enterprise Agreement 2022. This application was made under section 185 of the Fair Work Act 2009. The primary dispute revolves around the approval of the aforementioned enterprise agreement, considering its consistency with the National Employment Standards and the implications of any potential inconsistencies.

The central legal issues before the Commission included whether the provisions of the Agreement were consistent with the National Employment Standards and if the employer's written undertakings would likely cause financial detriment to employees or result in substantial changes to the Agreement. The Commission needed to determine if the application met the statutory requirements for approval under sections 186, 187, 188, and 190 of the Fair Work Act 2009, and whether the Agreement could be extended to cover a bargaining representative under section 201(2) of the Act.

The Commission found that certain provisions of the Agreement might be inconsistent with the National Employment Standards but was satisfied that the more beneficial entitlements of the NES would prevail where there was an inconsistency. The Commission accepted the employer's written undertakings, which did not likely cause financial detriment to any employee or result in substantial changes to the Agreement. The Commission also noted that the Construction, Forestry, Maritime, Mining and Energy Union, a bargaining representative, had indicated its desire for the Agreement to cover it. As a result, the Commission concluded that all relevant statutory requirements for approval had been met. Consequently, the Agreement was approved and will operate from 19 August 2022, with a nominal expiry date of 1 July 2024.

Australian Comfort Group Pty Ltd T/A Sleepmaker and Dunlop Foams

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established