DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Comfort Group Pty Ltd T/A Sleepmaker and Dunlop Foams
(AG2020/3018)

THE AUSTRALIAN COMFORT GROUP (DEER PARK) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 30 OCTOBER 2020

Application for approval of The Australian Comfort Group (Deer Park) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as The Australian Comfort Group (Deer Park) Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Comfort Group Pty Ltd T/A Sleepmaker and Dunlop Foams (Employer). The Agreement is a single enterprise Agreement.

[2] The Employer 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, 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. The undertakings are taken to be a term of the Agreement.

[4] 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), 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 6 November 2020. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of The Australian Comfort Group Pty Ltd trading as Sleepmaker and Dunlop Foams, an application was made to the Fair Work Commission for the approval of the Australian Comfort Group (Deer Park) Enterprise Agreement 2020. The application arose from negotiations between the employer, Australian Comfort Group, and the trade union, the Transport and General Workers Union, representing the employees. The primary focus of the dispute was to determine whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009, specifically ensuring it provided for fair and equitable terms and conditions of employment.

The central legal issues that the Fair Work Commission needed to address included whether the agreement adequately covered minimum entitlements, ensured procedural fairness in its creation, and whether it complied with relevant statutory provisions. Additionally, the Commission considered whether the agreement contained appropriate dispute resolution mechanisms and whether it adhered to the principles of good faith bargaining.

In examining the application, the Fair Work Commission evaluated the terms of the proposed enterprise agreement against the statutory requirements and principles of industrial relations law. The Commission found that the agreement contained provisions that aligned with the minimum standards set out in the Fair Work Act, including provisions for wages, hours of work, and other employment conditions. The Commission also noted that the agreement included a dispute resolution process that was deemed fair and effective. Given these findings, the Commission concluded that the enterprise agreement met the necessary criteria for approval and did not contravene any provisions of the Act.

Consequently, the Fair Work Commission approved the Australian Comfort Group (Deer Park) Enterprise Agreement 2020. The approval took effect from the date specified in the agreement, ensuring that the terms and conditions of employment for the employees covered by the agreement would be governed by the provisions outlined in the approved document.

Australian Comfort Group Pty Ltd T/A Sleepmaker and 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