Sealy of Australia
[2022] FWCA 604
•22 FEBRUARY 2022
| [2022] FWCA 604 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sealy of Australia
(AG2022/174)
The Sealy of Australia (Vic.) Pty. Ltd. Union Enterprise Agreement 2021
| Manufacturing and associated industries | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 22 FEBRUARY 2022 |
Application for approval of the Sealy of Australia (Vic.) Pty. Ltd. Union Enterprise Agreement 2021
Sealy of Australia (the Applicant) has made an application for approval of an enterprise agreement known as the Sealy of Australia (Vic.) Pty. Ltd. Union Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 16 February 2022.
On 16 February 2022, my Chambers sent correspondence to the parties bringing to their attention certain concerns with the agreement that did not require further action:
· The parties were informed that should the agreement be approved, the approval decision would note that the agreement will operate from 7 days after approval by the Commission pursuant to s54 of the Act.
· The parties were notified that clause D.2 of the agreement could potentially be unenforceable should the Agreement be approved.
The Construction, Forestry, Maritime, Mining & Energy Union, 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) of the Act I note that the Agreement covers this organisation.
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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 3 September 2024.
COMMISSIONER
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