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

[2022] FWCA 536

[2022] FWCA 536

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

(AG2022/79)

Sealy of Australia (N.S.W.) Pty. Ltd. and CFMMEU - Manufacturing Division Agreement 2022-2024

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 FEBRUARY 2022

Application for approval of the Sealy of Australia (N.S.W.) Pty. Ltd. and CFMMEU - Manufacturing Division Agreement 2022-2024

1. Sealy of Australia (N.S.W.) Pty. Ltd. T/A Sealy of Australia (the Applicant) has made an application for approval of an enterprise agreement known as the Sealy of Australia (N.S.W.) Pty. Ltd. and CFMMEU - Manufacturing Division Agreement 2022-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 10 February 2022.

1. On 10 February 2022 my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  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.

·  Chambers sought clarification as to whether the definition of a shiftworker provided at clause 34.2 of the Award applies to the Agreement ‘for the purpose of the additional week of annual leave provided for in s87(a)(b) of the Act’. The parties confirmed this by way of submission.

·  The parties were notified that clause D.2 of the agreement could potentially be unenforceable should the Agreement be approved.

1. The “Construction, Forestry, Mining and 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.

1. 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.

1. 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 31 December 2024.

COMMISSIONER

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