DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3734)

SUPAREST BEDDING PTY LTD (T/AS A.H. BEARD) AND CFMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2019

Cleaning services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 OCTOBER 2019

Application for approval of the Suparest Bedding Pty Ltd (T/as A.H. Beard) and CFMEU - Manufacturing Division Enterprise Agreement 2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Suparest Bedding Pty Ltd (T/as A.H. Beard) and CFMEU - Manufacturing Division Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The CFMMEU, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 24 October 2019 and, in accordance with s 54, will operate from 31 October 2019. The nominal expiry date of the Agreement is 31 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Suparest Bedding Pty Ltd (trading as A.H. Beard) and CFMEU - Manufacturing Division Enterprise Agreement 2019. The applicant was the CFMEU - Manufacturing Division, which sought to have the agreement approved as a protected action agreement under the Fair Work Act 2009. The dispute arose from negotiations between the union and the employer regarding employment terms and conditions for the employees of Suparest Bedding Pty Ltd.

The central legal issue before the Commission was whether the agreement met the requirements for approval as a protected action agreement. This required the Commission to consider several aspects of the agreement, including whether it was made in good faith, whether it provided for protected industrial action, and whether it complied with the relevant provisions of the Fair Work Act. The Commission had to determine if the agreement met the threshold for being a protected action agreement, including whether it provided for protected action, and whether the agreement was made in good faith.

The Commission examined the provisions of the agreement and found that it did indeed provide for protected action, as it included provisions for authorised industrial action. Furthermore, the Commission was satisfied that the agreement was made in good faith, as there was evidence of genuine negotiations between the parties. The Commission also found that the agreement complied with the requirements of the Fair Work Act, including the provisions for protected action and good faith bargaining. Therefore, the Commission approved the application for the agreement to be a protected action agreement.

Consequently, the Fair Work Commission approved the Suparest Bedding Pty Ltd (trading as A.H. Beard) and CFMEU - Manufacturing Division Enterprise Agreement 2019 as a protected action agreement under the Fair Work Act 2009. This decision allows the union and the employer to proceed with the implementation of the agreement, which includes provisions for protected industrial action.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established