The Australian Comfort Group Holdings Pty Ltd Summary

[2014] FWCA 1076

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Comfort Group Holdings Pty Ltd
(AG2014/168)

DUNLOP FOAMS (BRISBANE) ENTERPRISE AGREEMENT 2013-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 FEBRUARY 2014

Application for approval of the Dunlop Foams (Brisbane) Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Dunlop Foams (Brisbane) Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Comfort Group Holdings Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 February 2014. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Comfort Group Holdings Pty Ltd, an employer, filed an application for approval of the Dunlop Foams (Brisbane) Enterprise Agreement 2013-2015 with the Fair Work Commission. The application was brought before the Commission by the employer under the Fair Work Act 2009. The nature of the dispute involved the employer seeking approval of a proposed enterprise agreement, which had been negotiated between the employer and the employees' union. The dispute was concerned with whether the agreement complied with the legal requirements under the Fair Work Act.

The central legal issue before the Commission was whether the enterprise agreement met the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission needed to determine if the agreement had been made in accordance with the prescribed process and if it had been certified as a bargain by the Fair Work Commission. Substantively, the agreement needed to satisfy the provisions of the Fair Work Act, including ensuring that it did not undermine the provisions of the National Employment Standards or the safety net of minimum wages.

The Fair Work Commission found that the enterprise agreement complied with the necessary procedural requirements. The agreement was certified as a genuine bargain by the Fair Work Commission, and it was made in accordance with the prescribed process. The substantive provisions of the agreement were also examined to ensure they did not undermine the National Employment Standards or the safety net of minimum wages. The Commission concluded that the agreement was consistent with these requirements and approved the enterprise agreement. The Commission found that the agreement was fair and reasonable and did not contain any provisions that would be detrimental to the employees or contrary to public policy.

In approving the enterprise agreement, the Fair Work Commission ordered that the Dunlop Foams (Brisbane) Enterprise Agreement 2013-2015 be registered and be in effect from the date of the approval. The employer and the union were directed to take all necessary steps to implement the agreement and ensure compliance with its terms. The Fair Work Commission also noted that the agreement could be subject to review or termination if any party believed it did not meet the requirements of the Fair Work Act.

The Australian Comfort Group Holdings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established