DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6796)

SEALY OF AUSTRALIA ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 17 DECEMBER 2015

Application for approval of the Sealy of Australia Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sealy of Australia Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] Madad Sales Pty Ltd T/A Sealy of Australia 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.

[3] Subject to the undertakings referred to above, 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 Construction, Forestry, 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 of the Act, will operate from 24 December 2015. The nominal expiry date of the Agreement is 15 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Sealy of Australia Enterprise Agreement 2015-2018. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement provided for a fair and efficient workplace and whether it complied with the provisions of the Act, including the 'better-off-overall test', which mandates that employees should not be worse off financially under the terms of the agreement.

The Commission examined the submissions from both the union and the employer, Sealy of Australia, and considered the evidence presented regarding the agreement's terms and conditions. The Commission noted that the agreement included provisions for wages, hours of work, leave, and other employment conditions. It also considered the impact of the agreement on the workforce, including whether it would lead to improved working conditions and fair outcomes for employees. After careful consideration, the Commission concluded that the agreement did provide for a fair and efficient workplace and that it met the statutory requirements under the Act. The Commission found that employees would not be worse off financially under the terms of the agreement, thereby satisfying the better-off-overall test.

Accordingly, the Fair Work Commission approved the Sealy of Australia Enterprise Agreement 2015-2018. The decision was made on the basis that the agreement provided for fair and efficient workplace terms and conditions, and that it met all statutory requirements under the Fair Work Act 2009. The approval of the agreement ensures that employees of Sealy of Australia will benefit from the agreed-upon terms and conditions, which are intended to promote fair and effective industrial relations within the company.

Construction, Forestry, 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