DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Comfort Group T/A Dunlop Foams and Sleepmaker
(AG2019/3586)

AUSTRALIAN COMFORT GROUP (TASMANIA) & CFMEU ENTERPRISE AGREEMENT 2019-2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 21 OCTOBER 2019

Application for approval of the Australian Comfort Group (Tasmania) & CFMEU Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Australian Comfort Group (Tasmania) & CFMEU Enterprise Agreement 2019-2022 (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 T/A Dunlop Foams and Sleepmaker. 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. The undertakings are taken to be a term of the Agreement.

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

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 39 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 28 October 2019. The nominal expiry date of the Agreement is 27 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between the Australian Comfort Group, trading as Dunlop Foams and Sleepmaker, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission was the forum for the application, which sought to approve the Enterprise Agreement 2019-2022 between the employer and the union. The agreement aimed to establish terms and conditions of employment for the employees covered by the agreement.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the mandatory provisions of the Act, including provisions relating to minimum wages, penalty rates, leave entitlements, and other essential conditions of employment. The Commission also needed to assess whether the agreement had been made in good faith and if it provided for a proper balance between the interests of the employer and employees.

The Commission examined the agreement in detail, considering submissions from both parties and relevant legislative provisions. The Commission found that the agreement addressed the mandatory terms and conditions as required by the Fair Work Act. It ensured that employees were paid at least the applicable minimum wage rates and provided for appropriate penalty rates and leave entitlements. Furthermore, the agreement included provisions for dispute resolution and other mechanisms to ensure fair treatment of employees. The Commission concluded that the agreement was made in good faith and struck an appropriate balance between the interests of the employer and employees.

As a result, the Fair Work Commission approved the Enterprise Agreement 2019-2022 between the Australian Comfort Group and the CFMEU. The approved agreement will govern the terms and conditions of employment for the relevant employees for the period specified in the agreement.

Australian Comfort Group T/A Dunlop Foams and Sleepmaker

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established