DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6196)

SEALY OF AUSTRALIA ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 JANUARY 2019

Application for approval of the Sealy of Australia Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Sealy of Australia Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2019. The nominal expiry date of the Agreement is 15 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the Sealy of Australia Enterprise Agreement 2018-2021. The dispute arose from the terms and conditions set out in the proposed agreement, which was to govern the employment of Sealy of Australia's employees. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, particularly in terms of its compliance with the "better off overall test" and the procedural fairness of its creation. The Union argued that the agreement was fair and reasonable, while Sealy of Australia raised concerns about specific provisions.

The Commission found that the agreement was generally fair and met the better off overall test, considering factors such as wage increases, allowances, and other benefits provided to the employees. The Commission also considered the procedural fairness of the agreement's creation, noting that the Union had followed appropriate processes in negotiating the agreement. The Commission concluded that the agreement was fair and reasonable and approved it accordingly.

The Fair Work Commission approved the Sealy of Australia Enterprise Agreement 2018-2021, finding it to be fair and reasonable, and compliant with the requirements of the Fair Work Act 2009. The agreement is now legally binding on the parties involved and will govern the employment conditions of Sealy of Australia's employees for the specified period.

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