DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5721)

SUPAREST BEDDING PTY LTD (T/AS A.H. BEARD) AND CFMEU - FFPD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 23 SEPTEMBER 2016

Application for approval of the Suparest Bedding Pty Ltd (T/as A.H. Beard) and CFMEU - FFPD Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Suparest Bedding Pty Ltd (T/as A.H. Beard) and CFMEU - FFPD Enterprise Agreement 2016 (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, 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] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2016. The nominal expiry date of the Agreement is 31 May 2019

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Enterprise Agreement between Suparest Bedding Pty Ltd (trading as A.H. Beard) and the Construction, Forestry, Mining and Energy Union – Free Falls Panel Division. The matter was brought before the Fair Work Commission to determine whether the agreement should be approved under the Fair Work Act 2009. The Union and the employer had negotiated terms and conditions of employment which were then submitted for the Commission’s consideration.

The central legal issue before the Commission was whether the proposed Enterprise Agreement met the criteria for approval as stipulated in the Fair Work Act. Specifically, the Commission needed to assess if the agreement provided for fair and reasonable terms and conditions, and whether it included mechanisms for the resolution of any future disputes. The Commission also considered whether the agreement complied with the provisions concerning minimum entitlements and any other relevant statutory requirements.

The Fair Work Commission, after reviewing the terms of the agreement, found that it provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement contained comprehensive provisions for the resolution of disputes and adhered to the minimum entitlements required by law. Additionally, the agreement included provisions for the protection of employees' rights and interests. Based on this, the Commission determined that the agreement met all the necessary criteria for approval. Consequently, the Commission approved the Enterprise Agreement between Suparest Bedding Pty Ltd and the Construction, Forestry, Mining and Energy Union – Free Falls Panel Division.

As a result of the Commission’s decision, the Enterprise Agreement was approved, and the terms and conditions outlined therein became legally binding on both the employer and the employees covered by the agreement.

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