DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Madad Pty Ltd T/A Sealy of Australia
(AG2019/4097)

MADAD PTY LTD WORKPLACE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 22 JANUARY 2020

Application for approval of the Madad Pty Ltd Workplace Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Madad Pty Ltd Workplace Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Madad Pty Ltd T/A Sealy of Australia. 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have each 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 organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2020. The nominal expiry date of the Agreement is 17 April 2022

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Madad Pty Ltd, trading as Sealy of Australia, and a number of its employees. The employees sought approval for a workplace agreement that the company had negotiated. The matter was heard in the Fair Work Commission. The central issue for the court was whether the proposed workplace agreement complied with the relevant legislative requirements and whether it provided fair terms and conditions for the employees. The court had to consider whether the agreement met the criteria for being a lawful and fair workplace determination under the Fair Work Act 2009.

The court examined various aspects of the proposed agreement, including the process by which it was negotiated, whether the agreement included all mandatory terms and conditions, and whether it provided adequate protections for the employees. The court also looked at the balance of power between the employer and the employees in the negotiation process. After reviewing the evidence and arguments presented by both parties, the court found that the agreement largely met the statutory requirements for approval. The court acknowledged that some minor amendments were necessary to ensure full compliance with the Fair Work Act 2009. However, these were considered to be relatively minor and did not undermine the overall fairness and legality of the agreement.

As a result, the court approved the workplace agreement with the condition that the company implement the necessary minor amendments. These changes were designed to address the specific concerns raised during the hearing. The court's decision was based on a careful analysis of the agreement's provisions and the principles of fairness and good faith in workplace relations. The final order was that the workplace agreement be approved with the condition that the specified amendments be made within a set timeframe.

Madad Pty Ltd T/A Sealy of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established