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

[2023] FWCA 102

[2023] FWCA 102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/5446)

AUSTRALIAN COMFORT GROUP (BRISBANE) ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 JANUARY 2023

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

1. An application has been made for approval of an enterprise agreement known as the Australian Comfort Group (Brisbane) Enterprise Agreement 2022 (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 and Dunlop Foams. The Agreement is a single enterprise agreement.

1. 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

1. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clauses 15.4 and 34.7 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The United Workers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. The Agreement was approved on 13 January 2023 and, in accordance with s.54, will operate from 20 January 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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Annexure A