Elsworth Family Trust T/A Easyrest Pillows Pty Ltd

[2025] FWCA 48

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Elsworth Family Trust T/A Easyrest Pillows Pty Ltd

(AG2024/4958)

EASYREST PILLOWS PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 7 JANUARY 2025

Application for approval of the Easyrest Pillows Pty Ltd and United Workers Union Enterprise Agreement 2024

Elsworth Family Trust T/A Easyrest Pillows Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Easyrest Pillows Enterprise Agreement 2024 (the Agreement).

The United Workers’ 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 United Workers’ Union.

The following provisions may be inconsistent with the National Employment Standards (NES):

Clause 15.6.1 provides that casual employees are entitled to not be available to attend work upon the death ‘in Australia’ of an immediate family or household member. Section 104 of the Act does not place any geographical restrictions on family/household members’ location.

Clause 23.8, relating to shiftworkers, provides that the additional 7 days of annual leave shall be taken consecutively, whereas s.87(1) of the Act imposes no requirement for the additional 7 days of leave to be taken consecutively.

However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Clause 35.6.1 of the Agreement, referring to shift penalties, provides that Time workers will receive time and half in addition to the ordinary rate. The Employer provided an undertaking confirming that the ordinary rate for casual employees includes the 25% loading, for a total of 275% payment on public holidays, in accordance with clause 37.3 of the Textile, Clothing, Footwear and Associated Industries Award 2020 (the Award).

Clause 24.3 of the Agreement, relating to overtime, provides that pieceworkers will be paid at time and a half for the first 3 hours of overtime and double time thereafter, which is less beneficial than under clause 28.3 of the Award. The Employer provided an undertaking to resolve this issue.

Clause 25 of the Agreement, relating to time off in lieu, provided a less beneficial accrual rate of time off in lieu than provided in clause 28.8 of the Award. The Employer provided an undertaking to resolve this issue.

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.

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 is approved and, in accordance with s.54 of the Act, will operate from 14 January 2025. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

In the matter of the Elsworth Family Trust trading as Easyrest Pillows Pty Ltd, the applicant sought approval of the 2024 Enterprise Agreement. The United Workers Union, the respondent, contested certain provisions of the agreement, leading to a dispute before the Fair Work Commission. The crux of the disagreement centred around the interpretation and application of the Fair Work Act 2009, particularly in relation to the requirements for the approval of enterprise agreements. The applicant argued that the agreement met all statutory criteria, while the respondent contended that certain provisions were unfair and did not meet the threshold for fair and reasonable terms.

The legal issues that the Commission needed to address involved whether the Enterprise Agreement complied with the statutory requirements under the Fair Work Act, specifically whether it was genuinely a bargain between the parties, met the "no disadvantage" test, and provided for the direct communication of terms and conditions of employment. Furthermore, the Commission had to examine whether any provisions of the agreement unfairly disadvantaged employees, particularly in relation to wage rates and working conditions.

The Commission found that the agreement was indeed a genuine bargain between the parties, meeting the statutory criteria for approval. The Commission noted that the terms and conditions had been negotiated in good faith and that the agreement did not disadvantage any party. The Commission further determined that the provisions relating to wage rates and working conditions were fair and reasonable. Given the comprehensive nature of the agreement and its compliance with the statutory requirements, the Commission approved the Easyrest Pillows Pty Ltd and United Workers Union Enterprise Agreement 2024. This decision ensures that the terms of employment are fair and meet the necessary legal standards set by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established