Elsworth Family Trust T/A Easyrest Pillows Pty Ltd
[2022] FWCA 753
•2 MARCH 2022
| [2022] FWCA 753 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Elsworth Family Trust T/A Easyrest Pillows Pty Ltd
(AG2022/60)
Easyrest Pillows Pty Ltd and United Workers Union Enterprise Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 2 MARCH 2022 |
Application for approval of the Easyrest Pillows Pty Ltd and United Workers Union Enterprise Agreement 2021.
Elsworth Family Trust T/A Easyrest Pillows Pty Ltd (the Employer) has made an application for the approval of the Easyrest Pillows Pty Ltd and United Workers Union Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
The application was not lodged within 14 days after the agreement was made. The Employer submitted that the late lodgment (one day) was due to unforeseen operational issues including a factory shutdown between 23 December 2021 to 3 January 2022 for the Christmas period. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
I note that Clause 11.2 - Introduction of change in the workplace is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2022. The nominal expiry date of the Agreement is 31 October 2024.
DEPUTY PRESIDENT
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Annexure A
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