Sealy of Australia (N.S.W.) Pty. Ltd. T/A Sealy of Australia

[2019] FWCA 4181

[2019] FWCA 4181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sealy of Australia (N.S.W.) Pty. Ltd. T/A Sealy of Australia
(AG2019/1508)

SEALY OF AUSTRALIA (N.S.W.) PTY. LTD. AND CFMMEU - MANUFACTURING DIVISION AGREEMENT 2019-2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 JUNE 2019

Application for approval of the Sealy of Australia (N.S.W.) Pty. Ltd. and CFMMEU - Manufacturing Division Agreement 2019-2021.

[1] An application has been made for approval of a greenfields agreement known as the Sealy of Australia (N.S.W.) Pty. Ltd. and CFMMEU - Manufacturing Division Agreement 2019-2021 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sealy of Australia (N.S.W.) Pty. Ltd. T/A Sealy of Australia.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement lodged contained an error at clauses 19.5 and 19.57. On 12 June 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[6] The Agreement was approved on 17 June 2019 and, in accordance with s.54 of the Act, will operate from 24 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE503954  PR709416>

Annexure A