AUSTRALIAN COMFORT GROUP (PERTH) ENTERPRISE AGREEMENT 2025

Application for approval of the Australian Comfort Group (Perth) Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Australian Comfort Group (Perth) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Comfort Group Pty Ltd trading as Sleepmaker And Dunlop Foams. The Agreement is a single enterprise agreement.

[2] I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a minor difference in the title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 27.2.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 16 December 2025. The nominal expiry date of the Agreement is 1 July 2027.

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