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

[2022] FWCA 3783

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4328)

Australian Comfort Group (Jandakot) Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 27 OCTOBER 2022

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

Australian Comfort Group Pty Ltd T/A Sleepmaker, Dunlop Foams has made an application for the approval of an enterprise agreement known as the Australian Comfort Group (Jandakot) Enterprise Agreement (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertaking proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 27 October 2022 and, in accordance with s 54, will operate from 3 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Comfort Group Pty Ltd trading as Sleepmaker, Dunlop Foams, sought approval of the Australian Comfort Group (Jandakot) Enterprise Agreement 2022 from the Fair Work Commission. The dispute arose from negotiations between the company and the Australian Manufacturing Workers’ Union concerning the terms of the enterprise agreement, including wages, conditions, and other employment-related matters. The matter was heard in the Fair Work Commission, an independent statutory body with jurisdiction to hear and determine applications related to workplace relations and industrial disputes.

The legal issues before the Commission involved determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. These requirements included ensuring the agreement was free from prohibited content, that it had been made in good faith, and that it complied with any applicable minimum standards set out in the Fair Work Act or relevant awards. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The Fair Work Commission found that the proposed agreement met the legal criteria for approval. The Commission concluded that the agreement was free from prohibited content, had been made in good faith, and complied with all relevant minimum standards. The Commission also determined that the terms and conditions of the agreement were fair and reasonable, taking into account the interests of both the employees and the employer. The Commission noted the parties' efforts to negotiate in good faith and the fact that the agreement provided for a fair balance of rights and obligations between the employer and the employees. Based on these findings, the Commission approved the Australian Comfort Group (Jandakot) Enterprise Agreement 2022.

The Fair Work Commission approved the Australian Comfort Group (Jandakot) Enterprise Agreement 2022, recognising the agreement as a legally binding document governing the employment terms and conditions of the employees covered by the agreement. This decision provides certainty for both the employer and employees and ensures that the agreement will be upheld in the workplace.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established