DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Easyrest Pillows Pty Ltd
(AG2015/6953)

EASYREST PILLOWS PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Textile industry
COMMISSIONER ROE	MELBOURNE, 20 JANUARY 2016

Application for approval of the Easyrest Pillows Pty Ltd and National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Easyrest Pillows Pty Ltd and National Union of Workers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Easyrest Pillows Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The National Union of Workers, 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 was approved on 20 January 2016 and, in accordance with s.54, will operate from 27 January 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Easyrest Pillows Pty Ltd, the applicant, and the National Union of Workers, the respondent, the Fair Work Commission was presented with an application to approve the Easyrest Pillows Pty Ltd and National Union of Workers Enterprise Agreement 2015. The applicant, Easyrest Pillows Pty Ltd, sought to have the agreement approved as a single enterprise agreement under section 232 of the Fair Work Act 2009. The National Union of Workers opposed the application, citing various concerns regarding the agreement's provisions.

The primary legal issues that the Commission had to address were whether the agreement complied with the formal requirements of the Fair Work Act and whether it met the "better off overall test" (BOOT). The Commission had to determine whether the agreement provided employees with conditions that were no worse than, and at least one condition that was better than, their previous conditions of employment. Additionally, the Commission needed to ensure that the agreement was made in good faith and was free from any coercive practices.

In considering these issues, the Commission found that the agreement met the formal requirements of the Fair Work Act, including the provision of a certified copy to the Commission and the inclusion of necessary information such as the names of the employer and employees covered by the agreement. The Commission also determined that the agreement satisfied the BOOT, as it provided employees with improved conditions, such as increased pay rates and additional leave entitlements. The Commission was satisfied that the agreement was made in good faith and without any coercive practices. Consequently, the Commission approved the Easyrest Pillows Pty Ltd and National Union of Workers Enterprise Agreement 2015.

The final orders of the Commission were that the agreement be approved as a single enterprise agreement under section 232 of the Fair Work Act 2009. The agreement would then be registered with the Fair Work Commission, and the parties would be bound by its terms. The approval of the agreement would provide certainty and stability to the employees covered by the agreement and ensure that their rights and obligations were protected under the Fair Work Act.

Easyrest Pillows Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established