Sealy of Australia (N.S.W.) Pty. Ltd. Trading as Sealy of Australia

[2025] FWCA 1214

[2025] FWCA 1214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sealy of Australia (N.S.W.) Pty. Ltd. Trading as Sealy of Australia

(AG2025/786)

SEALY OF AUSTRALIA (N.S.W.) PTY. LTD. AND CFMEU – MANUFACTURING DIVISION AGREEMENT 2025-2027

Manufacturing and associated industries
DEPUTY PRESIDENT GRAYSON	SYDNEY, 10 APRIL 2025

Application for approval of the Sealy of Australia (N.S.W.) Pty. Ltd. and CFMEU – Manufacturing Division Agreement 2025-2027

Introduction

1. Sealy of Australia (N.S.W.) Pty. Ltd. Trading as Sealy of Australia (the Employer) has made an application for approval of an enterprise agreement known as the Sealy of Australia (N.S.W.) Pty. Ltd. and CFMEU – Manufacturing Division Agreement 2025-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 23 October 2024 and the Agreement was made on 21 March 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

National Employment Standards (NES) Precedence Term

1. Clause 37.4.1 of the Agreement provides that ‘an employer and a majority of employees in the workplace may agree to substitute another day for any day prescribed in this clause. For this purpose, the consent of the majority of affected employees shall constitute agreement.’ Section 115(3) of the Act does provide that an employer and employee may agree on a substitution of a public holiday day, however the Act does not appear to provide for a majority of employees and the employer to substitute a public holiday and for this to be binding on a single employee.

1. To the extent that this clause may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 37.4.1 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

Section 190 Undertakings

1. The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

1. The Construction, Forestry and Maritime Employees Union (CFMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the CFMEU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE528631  PR786006>

ANNEXURE A