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

[2025] FWCA 130

[2025] FWCA 130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/5130)

AUSTRALIAN COMFORT GROUP (TASMANIA) ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER PERICA	MELBOURNE, 14 JANUARY 2025

Australian Comfort Group (Tasmania) Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Australian Comfort Group (Tasmania) Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

1. Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

1. The Agreement is approved today 14 January 2025. It will operate from 21 January 2025 as required by section 54 of the Act. The nominal expiry date is 1 July 2027.

COMMISSIONER

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Annexure A