The Australian Comfort Group Pty Ltd T/A Sleepmaker & Dunlop Foams

[2014] FWCA 5255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Comfort Group Pty Ltd T/A Sleepmaker & Dunlop Foams
(AG2014/1959)

THE AUSTRALIAN COMFORT GROUP (DEER PARK) ENTERPRISE AGREEMENT 2014-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 AUGUST 2014

Application for approval of the The Australian Comfort Group (Deer Park) Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as The Australian Comfort Group (Deer Park) Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The Australian Comfort Group Pty Ltd T/A Sleepmaker & Dunlop Foams. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 26.2.2 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Pursuant to s.190(4) of the Act I sought the views of the bargaining representative for this matter, the Construction, Forestry, Mining and Energy Union (CFMEU), in relation to the undertaking offered. The CFMEU advises it supports the undertaking.

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

[5] The Construction, Forestry, Mining and Energy 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. As required by s.201(2) I note that the Agreement covers the CFMEU.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 11 August 2014. The nominal expiry date of the Agreement is 31 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The Australian Comfort Group Pty Ltd, trading as Sleepmaker & Dunlop Foams, applied for approval of the The Australian Comfort Group (Deer Park) Enterprise Agreement 2014-2016. The applicant sought an order approving the enterprise agreement, which was to cover employees in the Deer Park site of the applicant's business. The Australian Manufacturing Workers' Union was the registered union representing the employees.

The primary legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement had been made in accordance with the process outlined in the Act, whether it contained the minimum terms and conditions required by law, and if it was fair and reasonable in all its aspects. The court also needed to consider if the agreement was genuinely negotiated between the applicant and the union.

The court found that the agreement had been properly negotiated and made in accordance with the Fair Work Act. The agreement contained all the minimum terms and conditions required by law and was fair and reasonable in all its aspects. The court also considered the evidence presented regarding the process of negotiation and concluded that the agreement met all the legal requirements for approval. As a result, the court granted the application and approved the enterprise agreement.

The final orders of the court included the approval of the The Australian Comfort Group (Deer Park) Enterprise Agreement 2014-2016, and the registration of the agreement under the Fair Work Act. The agreement was to be in effect from the date of the order and would remain in force until the expiration date specified within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established