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austlii:cth/FWCA/2025/1020
General information, not legal advice.
FWCA
2025-03-25
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Sealy Of Australia (Vic.) Pty. Ltd. Trading AS Sealy Of Australia
SEALY OF AUSTRALIA (VIC.) PTY. LTD. UNION ENTERPRISE AGREEMENT 2024
Application for approval of the Sealy of Australia (Vic.) Pty. Ltd. Union Enterprise Agreement 2024
[1] An application has been made for approval of an enterprise agreement known as Sealy of Australia (Vic.) Pty. Ltd. Union Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sealy of Australia (Vic.) Pty. Ltd. (the Company). The Agreement is a single enterprise agreement.
[2] A query was raised with the Company regarding the workforce to be covered by the Agreement. From the F17B Declaration filed in support of this application, it appeared that of the 39 employees who will be covered by the agreement, 11 were casual. Taking into account the decision of the Full Bench in Appeal by Kmart Australia Limited & Ors[1], and in circumstances where it appeared that 37 employees cast a valid vote in relation to the agreement, and 17 voted against the agreement, I was concerned that if employees voted in the ballot who were not eligible to vote the outcome may have been affected. However, the Company confirmed that there was an error in the F17B Declaration and only 4 casual employees were employed at the time of the vote for the proposed agreement.
[3] The Construction, Forestry and Maritime Employees Union (CFMEU) was copied into the further correspondence provided by the Company about these matters and did not object to it.
[4] I am satisfied that these matters relating to the Company's workforce did not impact on the ultimate outcome of the vote, and the agreement was genuinely agreed to by employees.
[5] Taking into account the matters referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[6] The 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. In accordance with s.201(2) I note that the Agreement covers the CFMEU.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.
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