DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elsworth Family Trust T/A Easyrest Pillows Pty Ltd
(AG2018/7051)

EASYREST PILLOWS PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Clothing industry
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2019

Application for approval of the Easyrest Pillows Pty Ltd and National Union of Workers Enterprise Agreement 2018.

[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 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elsworth Family Trust T/A Easyrest Pillows Pty Ltd. 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Elsworth Family Trust T/A Easyrest Pillows Pty Ltd involved a dispute over the approval of the Easyrest Pillows Pty Ltd and National Union of Workers Enterprise Agreement 2018. The application for approval was brought before the Fair Work Commission, which has the jurisdiction to oversee and approve enterprise agreements under the Fair Work Act 2009. The dispute arose when the National Union of Workers sought the approval of the agreement, which had been negotiated between the union and Easyrest Pillows Pty Ltd, a company involved in the manufacture and distribution of pillows.

The central legal issue the court had to address was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement complied with the requirements for 'simplification, flexibility, and certainty' as outlined in the Act, and whether it contained terms that were 'in the interests of employees'. The court also had to consider whether the agreement had been genuinely negotiated between the parties and if it provided for adequate protections for employees.

In its decision, the court found that the enterprise agreement did indeed meet the necessary criteria for approval. The court considered the terms of the agreement and found that they provided for a simplification of workplace arrangements and enhanced flexibility for both the employer and employees. The court also noted that the agreement contained provisions that were in the best interests of the employees, such as provisions for leave and other entitlements. The court was satisfied that the agreement had been genuinely negotiated between the parties and that it provided adequate protections for employees. Consequently, the court approved the enterprise agreement.

The court's approval of the enterprise agreement allows it to be registered with the Fair Work Commission, which provides legal enforceability to the terms of the agreement. The parties to the agreement, Easyrest Pillows Pty Ltd and the National Union of Workers, can now proceed with implementing the terms of the agreement, which will govern the employment conditions of the employees covered by the agreement.

Elsworth Family Trust T/A 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