DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sealy of Australia (Vic.) Pty. Ltd. T/A Sealy of Australia
(AG2019/622)

SEALY OF AUSTRALIA (VIC.) PTY. LTD. UNION ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 11 APRIL 2019

Application for approval of the Sealy of Australia (Vic.) Pty. Ltd. Union Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sealy of Australia (Vic.) Pty. Ltd. Union Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Sealy of Australia (Vic.) Pty. Ltd. T/A Sealy of Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2019. The nominal expiry date of the Agreement is 3 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Sealy of Australia (Vic.) Pty. Ltd. T/A Sealy of Australia, the Fair Work Commission was asked to approve the Union Enterprise Agreement 2018. The agreement was made between Sealy of Australia, represented by their human resources manager, and the Retail and Fast Food Workers Union, represented by their organisers. The dispute arose from the negotiation process and the terms proposed within the agreement, which the parties sought to have approved by the Commission.

The legal issues before the Commission were primarily concerned with the validity of the agreement under the Fair Work Act 2009. This included whether the agreement was made in good faith, whether it was covered by the appropriate provisions of the Act, and whether the agreement met the requirements for being a simple, fair, and flexible agreement. Furthermore, the Commission had to consider if the agreement adequately addressed the interests of the employees and whether it complied with the Fair Work (Registered Organisations) Act 2009.

In its decision, the Commission found that the Union Enterprise Agreement 2018 was made in good faith and adhered to the requirements set forth in the Fair Work Act. The agreement was deemed to be simple, fair, and flexible, and it sufficiently addressed the interests of the employees. The Commission also determined that the agreement complied with the relevant provisions of the Fair Work (Registered Organisations) Act. Therefore, the Commission approved the agreement as compliant with the necessary legislative standards.

The final orders of the Commission were that the Union Enterprise Agreement 2018 be approved in its entirety, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on both the employer and the employees covered by the agreement.

Sealy of Australia (Vic.) Pty. Ltd. T/A Sealy of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established