Suparest Bedding Pty Ltd T/A A H Beard Summary

[2022] FWCA 2137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Suparest Bedding Pty Ltd T/A A H Beard

(AG2022/1977)

Suparest Bedding Pty Ltd (T/as A.H. Beard) and CFMEU - Manufacturing Division Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 28 JUNE 2022

Application for approval of the Suparest Bedding Pty Ltd (T/as A.H. Beard) and CFMEU - Manufacturing Division Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Suparest Bedding Pty Ltd (T/as A.H. Beard) and CFMEU - Manufacturing Division Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Suparest Bedding Pty Ltd T/A A H Beard. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry, Maritime, 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2022. The nominal expiry date of the Agreement is 31 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Suparest Bedding Pty Ltd, trading as A H Beard, the Fair Work Commission was called upon to approve an enterprise agreement between the company and the Construction, Forestry, Maritime, Mining and Energy Union – Manufacturing Division. The agreement sought to regulate various terms and conditions of employment for the employees of the company. The Fair Work Commission, in its capacity to oversee and approve enterprise agreements, was tasked with examining the agreement for compliance with the Fair Work Act 2009. The Commission was required to determine whether the agreement met the statutory requirements for approval, including whether it provided for the minimum entitlements of employees, facilitated a safe working environment, and was free from any unlawful content.

The legal issues before the Commission involved assessing whether the proposed enterprise agreement adhered to the statutory provisions outlined in the Fair Work Act. Specifically, the Commission had to consider if the agreement met the criteria for being a "single, written agreement" and whether it provided for minimum terms and conditions that were no less favourable than those provided by the applicable awards or safety nets. Additionally, the Commission needed to ensure that the agreement was made in good faith and did not include any unlawful content, such as provisions that would undermine the rights of employees or contravene any other legislative provisions.

Upon reviewing the enterprise agreement, the Fair Work Commission found that it complied with the statutory requirements. The agreement was a single, written document that provided for the minimum terms and conditions of employment, ensuring that employees were not disadvantaged compared to the applicable awards or safety nets. The Commission determined that the agreement was made in good faith and did not contain any unlawful content. Consequently, the Fair Work Commission approved the enterprise agreement, recognising its validity and enforceability under the Fair Work Act.

The Fair Work Commission approved the enterprise agreement between Suparest Bedding Pty Ltd and the CFMEU – Manufacturing Division. The approval was based on the finding that the agreement met all statutory requirements, including providing for minimum terms and conditions of employment and being free from any unlawful content. The approval allows the agreement to be implemented and enforced as a binding contract between the parties.

Suparest Bedding Pty Ltd T/A A H Beard

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established