Madad Pty Ltd T/A Sealy of Australia

[2022] FWCA 3537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Madad Pty Ltd T/A Sealy of Australia

(AG2022/4061)

Madad Pty Ltd Workplace Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 11 OCTOBER 2022

Application for approval of the Madad Pty Ltd Workplace Agreement 2022

Madad Pty Ltd T/A Sealy of Australia has made an application for the approval of an enterprise agreement known as the Madad Pty Ltd Workplace Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 11 October 2022 and, in accordance with s 54, will operate from 18 October 2022. The nominal expiry date of the Agreement is 17 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Madad Pty Ltd, trading as Sealy of Australia, applied to the Fair Work Commission for approval of the Madad Pty Ltd Workplace Agreement 2022. The agreement sought to regulate various terms and conditions of employment for the company's employees, including hours of work, pay rates, and leave entitlements. The application was made under the Fair Work Act 2009, which allows employers and employees to seek approval for an agreement that provides for terms and conditions of employment that are better than those provided for in an applicable award or registered agreement.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act and whether it complied with the relevant provisions of the Fair Work Regulations 2009. Specifically, the Commission had to consider whether the agreement provided for terms and conditions of employment that were no worse off, better off (NOBCO) than those provided for in the applicable award or registered agreement. The Commission also had to consider whether the agreement complied with the "better off overall test" and whether it was consistent with the objects of the Fair Work Act.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met the requirements for approval under the Fair Work Act. The Commission determined that the agreement provided for terms and conditions of employment that were better off than those provided for in the applicable award or registered agreement, and that it was consistent with the objects of the Fair Work Act. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Regulations 2009.

The Fair Work Commission approved the Madad Pty Ltd Workplace Agreement 2022, effective from 1 July 2022. The agreement provides for various terms and conditions of employment for the company's employees, including hours of work, pay rates, and leave entitlements. The approval of the agreement means that it will apply to all employees covered by the agreement, and will override any conflicting terms in the applicable award or registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established