AUSTRALIAN COMFORT GROUP PTY LTD (DEER PARK) ENTERPRISE AGREEMENT 2025

Application for approval of the Australian Comfort Group Pty Ltd (Deer Park) Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Australian Comfort Group Pty Ltd (Deer Park) Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Comfort Group Pty Ltd T/A Dunlop Foams, Sleepmaker (the Applicant). The Agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 October 2025.

[3] I observe the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Clause 26.1.2 - Application for personal leave

• Clause 27 - Compassionate Leave

• Clause 34.2 - Notice of termination by employee

• Clause 34.3.4 - Termination on the basis of a genuine redundancy

However, noting clause 7(a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The "Construction, Forestry and Maritime Employees 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) of the Act I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 July 2027.

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