Madad Sales Pty Ltd t/a Sealy of Australia

[2022] FWCA 6

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Madad Sales Pty Ltd t/a Sealy of Australia

(AG2021/8639)

Sealy of Australia Enterprise Agreement 2021 - 2024

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 11 JANUARY 2022

Application for approval of the Sealy of Australia Enterprise Agreement 2021 – 2024.

Madad Sales Pty Ltd t/a Sealy of Australia has applied for approval of a single enterprise agreement known as the Sealy of Australia Enterprise Agreement 2021 – 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

Since the application was made, the Commission requested further information in relation to whether the Agreement passes the “better off overall” test. Further information was provided and was not opposed by the bargaining representative.

On the basis of the material contained in the application and the further information provided on request of the Commission, 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.

The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

The Agreement was approved on 11 January 2022 and, notwithstanding clause 6 and in accordance with s.54, will operate from 18 January 2022. The nominal expiry date of the Agreement is 15 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Madad Sales Pty Ltd, trading as Sealy of Australia, applied for the approval of the Sealy of Australia Enterprise Agreement 2021-2024. The application was heard by the Fair Work Commission. The dispute centred around the terms and conditions of the proposed enterprise agreement, which would affect employees of Sealy of Australia over the specified period. The company sought to establish these terms through the application, and the union representing the employees participated in the proceedings to ensure the agreement was fair and met the needs of the workforce.

The court was required to determine whether the proposed agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009. Key issues included whether the agreement was made in good faith, whether it provided for minimum entitlements as per the Fair Work Act, and whether it met the criteria for being a simple, low-risk, and fair agreement. The court also had to consider the bargaining process, ensuring it was conducted appropriately and in accordance with the law.

In delivering its decision, the court examined the evidence presented by both parties. It found that the agreement was made in good faith and met all statutory requirements, including the provision of minimum entitlements. The court was satisfied that the bargaining process was fair and that the agreement was simple and posed low risk. Consequently, the court approved the Sealy of Australia Enterprise Agreement 2021-2024, recognising it as a fair and effective means of regulating the employment relationship between the company and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established