Sealy Of Australia (Vic.) Pty. Ltd. Trading AS Sealy Of Australia

Case [2025] FWCA 1020
[2025] FWCA 1020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Sealy Of Australia (Vic.) Pty. Ltd. Trading AS Sealy Of Australia

(AG2025/724)

SEALY OF AUSTRALIA (VIC.) PTY. LTD. UNION ENTERPRISE AGREEMENT 2024 

Manufacturing and associated industries

COMMISSIONER REDFORD

MELBOURNE, 25 MARCH 2025

Application for approval of the Sealy of Australia (Vic.) Pty. Ltd. Union Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as Sealy of Australia (Vic.) Pty. Ltd. Union Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sealy of Australia (Vic.) Pty. Ltd. (the Company). The Agreement is a single enterprise agreement.

Casual employees

  1. A query was raised with the Company regarding the workforce to be covered by the Agreement. From the F17B Declaration filed in support of this application, it appeared that of the 39 employees who will be covered by the agreement, 11 were casual. Taking into account the decision of the Full Bench in Appeal by Kmart Australia Limited & Ors[1], and in circumstances where it appeared that 37 employees cast a valid vote in relation to the agreement, and 17 voted against the agreement, I was concerned that if employees voted in the ballot who were not eligible to vote the outcome may have been affected. However, the Company confirmed that there was an error in the F17B Declaration and only 4 casual employees were employed at the time of the vote for the proposed agreement.

  2. The Construction, Forestry and Maritime Employees Union (CFMEU) was copied into the further correspondence provided by the Company about these matters and did not object to it.

  3. I am satisfied that these matters relating to the Company’s workforce did not impact on the ultimate outcome of the vote, and the agreement was genuinely agreed to by employees. 

Consideration

  1. Taking into account the matters referred to above, 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.

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

  3. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER


[1] [2019] FWCFB 7599

Printed by authority of the Commonwealth Government Printer

<AE528445  PR785487>

Details
AGLC
Sealy Of Australia (Vic.) Pty. Ltd. Trading AS Sealy Of Australia [2025] FWCA 1020
Case
[2025] FWCA 1020
Decision Date

CaseChat Overview and Summary

Sealy Of Australia (Vic.) Pty. Ltd., trading as Sealy Of Australia, made an application to the Fair Work Commission seeking approval of the Sealy of Australia (Vic.) Pty. Ltd. Union Enterprise Agreement 2024. The application was made on behalf of the employees of Sealy of Australia, who are represented by the National Tertiary Education Union. The primary dispute was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Fair Work Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission needed to determine if the agreement included all the mandatory terms set out in the Act and Regulations, and whether the agreement had been made in accordance with the procedural requirements. Additionally, the Commission considered whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined the proposed agreement in detail, assessing its provisions against the mandatory terms outlined in the Fair Work Act and Regulations. The Commission found that the agreement included all the mandatory terms required by the legislation. It also found that the agreement had been made in accordance with the procedural requirements, including proper consultation and negotiation processes. The Commission concluded that the agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the Sealy of Australia (Vic.) Pty. Ltd. Union Enterprise Agreement 2024.

The Fair Work Commission approved the Sealy of Australia (Vic.) Pty. Ltd. Union Enterprise Agreement 2024, effective from the date of the Commission's approval. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Sealy of Australia, as represented by the National Tertiary Education Union. The approval of the agreement ensures that the terms and conditions of employment for the employees are legally binding and enforceable under the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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