1. Purpose

The Corporations Act 2001 (Cth) protects certain types of persons making qualifying disclosures (“Whistleblower Protection Scheme“).

This Whistleblower Policy sets out when disclosures may qualify for protection under the Whistleblower Protection Scheme.

2. Key Principles

Sealy is committed to the protection of people who disclose information about illegal or improper conduct, where all Disclosing Persons feel comfortable raising matters that are of legitimate concern.
Sealy recognises that a whistleblower program is an important element in deterring corrupt, illegal or other undesirable conduct.

3. Applicability

This Whistleblower Policy is applicable to Sealy in all locations where it operates and must be considered in conjunction with any legislation specific to the state or country of operation relative to a specific disclosure.

4. Definitions

In this policy:

‘Detriment’ includes without limitation:

(a) dismissal of an employee; (b) injury of an employee in his or her employment; (c) alteration of an employee’s position or duties to his or her disadvantage; (d) discrimination between an employee and other employees; (e) harassment or intimidation of a person; (f) harm or injury to a person, including psychological harm; (g) damage to a person’s property, reputation, business or financial position; or (h) any other damage to a person.

‘Qualifying Disclosure’ means a disclosure qualifying under section 1317AA of the Corporations Act 2001 (Cth), as outlined by that section and summarised in paragraph 5.1 of this Whistleblower Policy.

‘Sealy’ means Dyer Holdings Pty Ltd and any of its related entities as defined in the Corporations Act 2001 (Cth).

5. Requirements for a Qualifying Disclosure

Qualifying Disclosures:

5.1 A Qualifying Disclosure under the Whistleblower Protection Scheme is when a Disclosing Person makes a disclosure to an Eligible Recipient (or an external disclosure) and the Disclosing Person has reasonable grounds to suspect that the information concerns a Disclosable Matter.
Disclosing Person:
5.2 A Disclosing Person is any current or former:
(a) officer (including a Director) or employee of Sealy; (b) individual who supplied goods or services to Sealy; (c) employee of a person that supplies goods or services to Sealy; (d) individual who is an associate of Sealy; and (e) any individual who is a relative, spouse or dependant (or the dependant of a spouse) of any of the above persons.
Who is an Eligible Recipient?
5.3 An Eligible Recipient is:
(a) any person authorised by Sealy to receive disclosures that may qualify for protection under the Whistleblower Protection Scheme; or (b) any auditor (internal or external), or acutary of Sealy; or (c) a Director or senior manager of any Sealy entity.
What is a Disclosable Matter?

5.4 A “Disclosable Matter” under the Whistleblower Protection Scheme is information that:

(a) concerns misconduct or an improper state of affairs or circumstances in relation to Sealy; or
(b) indicates that Sealy or any of its Directors, officers or employees have engaged in conduct that:
     (i) constitutes an offence against the Corporations Act 2001 (Cth), ASIC Act, Banking Act 1959, Financial Sector (Collection of Data) Act 2001, Insurance Act 1973, Life Insurance Act 1995, National Consumer Credit Protection Act 2009, Superannuation Industry (Supervision) Act 1993, and any instrument made under those Acts;
     (ii) constitutes an offence against other Commonwealth legislation that is punishable by imprisonment for 12 months or more; or
     (iii) represents a danger to the public or the financial system.

Examples of what may be a Disclosable Matter include a breach of any legal or regulatory requirement or any Sealy Policy, including, for example:
(a) fraud; (b) negligence; (c) criminal offences; (d) failure to comply with any legal obligation; (e) unfair or unethical dealing with a customer, supplier or agent of Sealy; (f) corrupt or unethical conduct; (g) human rights abuses; (h) risk to the health or safety of any person; or (i) any deliberate concealment relating to any of the above.
5.5 Disclosures that concern personal work-related grievances do not qualify for protection under the Whistleblower Protection Scheme.
5.6 A disclosure will concern a personal work-related grievance of the discloser if the information:

(a) concerns a grievance about any matter in relation to the discloser’s employment, or former employment, having or tending to have implications for the discloser personally; and
(b) does not have significant implications for Sealy; and
(c) does not concern conduct that:
     (i) is an alleged contraventions of the Corporations Act 2001 (Cth), ASIC Act, Banking Act 1959, Financial Sector (Collection of Data) Act 2001, Insurance Act 1973, Life Insurance Act 1995, National Consumer Credit Protection Act 2009, Superannuation Industry (Supervision) Act 1993, and any instrument made under those Acts; or
     (ii) is an offence against another law of the Commonwealth, which is punishable by imprisonment of 12 months or more; or
     (iii) represents a danger to the public or financial system.

5.7 Examples of disclosures regarding personal work-related grievances that may not qualify for protection include:
(a) an interpersonal conflict between the discloser and another employee; (b) a decision relating to the engagement, transfer or promotion of the discloser; (c) a decision relating to the terms and conditions of engagement of the discloser; or (d) a decision to suspend or terminate the engagement of the discloser, or otherwise discipline the discloser.
5.8 A disclosure could qualify for protection if it concerns a personal work-related grievance but also concerns alleged Detriment caused to the discloser (or a threat of Detriment).
5.9 Disclosures about personal-work related grievances that do not qualify for protection under the Whistleblower Protection Scheme will generally be dealt with under Sealy’s Fairness Policy and not as Disclosable Matters.
Making a Disclosure
5.10 Whilst disclosures can be made to any Eligible Recipient, to enable the efficient investigation of the Disclosable Matter, Sealy encourages Disclosing Persons who have reasonable grounds to suspect a Disclosable Matter to make a disclosure by submitting a written report marked “Confidential” to Sealy’s Managing Director and/or General Counsel (who are authorised to receive such disclosures) as follows:
The Managing Director Sealy Asia Pacific 1299 Boundary Road, Wacol QLD 4076 Australia

The General Counsel Sealy Asia Pacific 1299 Boundary Road, Wacol Qld 4076 Australia

5.11 It is preferred that Disclosing Persons identify themselves when making a disclosure, as this greatly assists the investigation process. However, Disclosing Persons may choose to make their disclosure anonymously. In these circumstances the protections under the Whistleblower Protection Scheme still apply. Ideally, the Disclosing Person should provide sufficient information to allow the matter to be properly investigated and Sealy encourages the Disclosing Person to provide an anonymous email address (if possible) through which additional questions can be asked and information provided.
External Disclosures
5.12 Nothing in this Whistleblower Policy restricts the ability of a Disclosing Person to make a disclosure directly to ASIC, APRA or a prescribed Commonwealth authority, or a legal practitioner for the purpose of obtaining legal advice or legal representation (in relation to the Whistleblower Protection Scheme). In certain specific circumstances, disclosures may also be made to journalists and members of parliament and Sealy recommends Disclosing Persons obtain independent legal advice in this regard. These disclosures also qualify for protection under the Whistleblower Protection Scheme.
Investigation of a Disclosable Matter
5.13 Upon receipt of a Qualifying Disclosure, an Eligible Recipient is responsible for ensuring that the matter is investigated as appropriate. This includes:
(a) deciding on the need for an investigation; (b) appointing an investigation officer; and (c) receiving timely updates as to the progress and completion of investigations.
5.14 An investigation will generally involve making inquiries and collecting evidence for the purpose of assessing whether the Qualifying Disclosure can be substantiated.
5.15 Sealy employees about whom disclosures are made will generally be given an opportunity to respond to the relevant allegations made in the Qualifying Disclosure.

6. Protections

Immunities
6.1 A Disclosing Person will not be subject to criminal, civil or administrative liability (including disciplinary action) by Sealy for making a Qualifying Disclosure.
6.2 No contractual or other remedy or right may be enforced or exercised against the Disclosing Person on the basis of the Qualifying Disclosure.
6.3 Disclosing Persons who make some types of Qualifying Disclosures are also provided immunities to ensure that information they disclose is not admissible in evidence against them in criminal proceedings or in proceedings for the imposition of a penalty, other than proceedings in respect of the falsity of the information.
6.4 Except as provided for by 6.3, the fact that someone has made a Qualifying Disclosure does not prevent them from being subject to any civil, criminal or administrative liability for conduct of the person revealed by the disclosure.
Confidentiality
6.5 Under the Whistleblower Protection Scheme, Disclosing Persons making a Qualifying Disclosure are protected by the requirement that their identity and information that may lead to their identification, must be kept confidential, subject to relevant exceptions outlined below.
6.6 Exceptions to this are disclosures to ASIC, the Australian Federal Police, a legal practitioner for the purpose of obtaining advice about the application of the Whistleblower Protection Scheme or made with the consent of the eligible whistleblower.
6.7 The Disclosing Person’s identity and information which is likely to lead to the identification of the discloser can also be provided to any Commonwealth or State authority for the purpose of assisting the authority in the performance of its functions or duties. This includes, but is not limited to, the police in a relevant State or Territory or other authorities.
6.8 It is also permissible to disclose information which could lead to the identification of the discloser if the disclosure is reasonably necessary for the purpose of investigating the matter, if all reasonable steps are taken to reduce the risk that the discloser will be identified as a result of the information being disclosed.
6.9 Breach of these confidentiality protections regarding the discloser’s identity and information likely to lead to the identification of the discloser is a criminal offence and may be the subject of criminal, civil and disciplinary proceedings.
6.10 All Eligible Recipients must ensure that all information disclosed under this Policy is kept secure.
Prevention of Detriment
6.11 Disclosing Persons are protected under the Whistleblower Protection Scheme from victimisation and suffering any Detriment by reason of the Qualifying Disclosure. It is unlawful for a person to engage in conduct against another person that causes, or will cause Detriment in circumstances where the person believes or suspects that the other person or any other person made, may have made, proposes to make or could make a Qualifying Disclosure, including making threats of Detriment.
6.12 Employees of Sealy found to have engaged in detrimental conduct on this basis will be subject to disciplinary action. Any person that engages in detrimental conduct may also be subject to civil and criminal liability (including imprisonment) under the Whistleblower Protection Scheme.
6.13 Where appropriate, Sealy will take all action deemed appropriate to safeguard the interests of the Disclosing Person and to ensure they are protected from Detriment for making a Qualifying Disclosure.
6.14 If any person becomes aware of detrimental conduct occurring, they should report this to Sealy’s Managing Director and/or Sealy’s General Counsel.

7. Roles and Responsibilities

Disclosure
7.1 If a Disclosing Person becomes concerned about possible illegal, unethical or otherwise improper conduct that they think is not being properly handled within Sealy, it is critical that they take steps to advise Sealy through this Whistleblower Policy.
7.2 Sealy will take all reasonable steps to investigate disclosures and communicate its findings to a discloser.
Reporting and Training Obligations
7.3 In addition to the obligations outlined elsewhere in this Whistleblower Policy, the General Counsel must report to the Sealy Board of Directors on at least an annual basis, and otherwise as necessary in relation to all material Whistleblowing matters.
7.4 Sealy will provide training and updates on a regular basis to ensure that all relevant personnel’s knowledge in relation to Whistleblower related laws and regulations remains current.
Interpretation of this Policy
7.5 Any questions in relation to the interpretation of this Whistleblower Policy should be forwarded to Sealy’s General Counsel.

8. Compliance

Breaches
8.1 A breach of the protections provided under the Whistleblower Protection Scheme will be treated as a serious disciplinary matter.
8.2 Any deliberately false disclosures under this Whistleblower Policy will be treated as a serious disciplinary matter.

9. Administration

Summary
9.1 A summary guide to the operation of this Whistleblower Policy is contained in Attachment “A” and will be adopted as part of the implementation of this Policy.
Review and Updates
9.2 This Whistleblower Policy will be routinely reviewed and updated as required by law.
Related Policy Document
9.3 Sealy Fairness Policy.
Publication
9.4 This Whistleblower Policy is published on Sealy’s website and a copy provided to all Sealy employees.

ATTACHMENT "A"

WHISTLEBLOWER POLICY – SUMMARY GUIDE
Whistleblowing
Sealy is committed to the protection of people who disclose information about illegal or improper conduct, where people feel comfortable raising matters that are of legitimate concern.

This is a summary guide to Sealy’s Whistleblower Policy and how to report issues of concern. Full details of Sealy’s Whistleblower Policy are available at www.sealy.com.au.

Investigations:
This is a summary guide to Sealy’s Whistleblower Policy and how to report issues of concern. Full details of Sealy’s Whistleblower Policy are available at www.sealy.com.au.
  • Sealy will review and investigate all reports of serious misconduct and report its findings to people who have reported their concerns;
  • Sealy will also keep reports and the identity of people making reports confidential and secure; and
  • Sealy will ensure that no detrimental action is taken against people making reports under this policy.
Reporting Your Concerns:
You can report your concerns in the following ways:

1. Speak to Your Manager / Informally Report Issues:

This will be the quickest and best way of resolving many concerns you might have, including personal grievances and matters not involving illegal conduct at Sealy.
2. Formally Reporting Serious Issues:
Sealy’s Whistleblower Policy allows you to confidentially report issues involving serious misconduct (e.g., fraud, dishonesty, unethical or illegal behaviour) without fear of being victimised.
Reporting serious issues can be done by submitting a written report marked “Confidential” to:
(a) Sealy’s Managing Director and/or General Counsel (who are authorised to receive such disclosures) as follows:
The Managing Director Sealy Asia Pacific 1299 Boundary Road, Wacol QLD 4076 Australia

The General Counsel Sealy Asia Pacific 1299 Boundary Road, Wacol Qld 4076 Australia

OR:

(b) any of Sealy’s Senior Managers, Directors or Auditors, or to a government authority.

It is preferred that people identify themselves when making a disclosure, as this greatly assists the investigation process. However, people may choose to make their disclosure anonymously and should provide sufficient information to allow the matter to be properly investigated.

Mattress Protector

Shield

Sealy’s Shield mattress protector shields against the growth of bacteria and odours. The tailored Tencel material is soft and cool while the waterproof membrane and fitted skirt ensures your mattress remains protected.

Available in Super King, King and Queen size.

WHERE TO BUY

<span style="font-size:16px">Shield </span>

Contour pillows

Memory Rest Pillow

The Sealy Memory Rest Contour pillow offers a contoured ridge for neck support while memory foam moulds to you. The absorbent Tencel cover is soft and luxurious for a cooler feel.

WHERE TO BUY

<span style="font-size:16px">Memory Rest Pillow</span>

Contour pillows

Optimal Comfort Pillow

Sealy’s Optimal Comfort Contour pillow has the contoured ridge for neck support, and in addition, features gel-infused foam to cushion your pressure points. The Tencel cover has been designed with Smartex to disperse moisture as temperature increases.

WHERE TO BUY

<span style="font-size:16px">Optimal comfort Pillows</span>

Traditional pillows

Memory Rest Pillow

The Sealy Memory Rest memory foam moulds to you, evenly distributing the weight of your upper body and dispersing pressure where it is needed most. The absorbent Tencel cover is soft and luxurious for a cooler feel.

WHERE TO BUY

<span style="font-size:16px">Memory Rest Pillows</span>

Traditional pillows

Optimal Comfort Pillow

Sealy’s Optimal Comfort pillow features gel-infused foam to cushion your pressure points. The Tencel cover has been designed with Smartex to disperse moisture as temperature increases.

WHERE TO BUY

<span style="font-size:16px">Optimal comfort Pillows</span>

Features

Fabric & Finish

comfort

support system

base options

sizes

  • SmarTex
  • Health Shield
  • Luxury Damask
  • Vents
  • 8 x Handles
  • Embroidery
  • Hand-tufted
  • Comfort Overlay
  • Merino Wool
  • ReSTII Support
  • Handclipped Reinforced Edge
  • UniCased XT Edge
  • MictroTek with Timber Trim
  • Drawer Base
  • Super King, King, Queen
  • SmarTex
  • Health Shield
  • Luxury Damask
  • Vents
  • 6 x Handles
  • Embroidery
  • Hand-tufted
  • ComfortBridge
  • Exotic Fibres
  • RestSUPPORT
  • UniCased XT
  • FlexiCased
  • MicroTek
  • Adjustable
  • Drawer Base
  • Super King, King, Queen, Double, King Single, Single XL, Single
  • SmarTex
  • Health Shield
  • Soft Knit
  • 4 x Handles
  • Embroidery
  • Gel Infused Visco
  • Luxury Fibres
  • RestSUPPORT
  • Unicased XT
  • FlexiCased
  • Endurance Luxe
  • Adjustable
  • Drawer Base
  • Super King, King, Queen, Double, King Single, Single XL, Single
  • SmarTex
  • Health Shield
  • Soft Knit
  • 4 x Handles
  • Gel Infused Material
  • Performance Fibres
  • AlignSUPPORT
  • Unicased
  • Unicased XT
  • FlexiCased
  • Endurance
  • Adjustable
  • Drawer Base
  • Super King, King, Queen, Double, King Single, Single XL, Single
  • Health Shield
  • Soft Knit
  • Quality Comfort Materials
  • Core Support
  • EdgeGuard
  • Performance
  • Drawer Base
  • King, Queen, Double, King Single, Single XL, Single
  • Health Shield
  • Soft Knit
  • Quality Comfort Materials
  • AlignSUPPORT
  • Core Support
  • EdgeGuard
  • Performance
  • Drawer Base
  • Trundle Base
  • King Single, Single XL, Single
elevate mattress corner shot with model

Imagine coming home to pure comfort.

Sealy Posturepedic Elevate combines precise engineering with stunning aesthetics to create a restful sleep, night after night. It’s the combination of luxurious comfort layers and our exclusive Posturepedic Technology that provide your body with the comfort, support and alignment you need to fall asleep faster and stay asleep longer.

Exquisite mattress and base

To be the best version of you in the day ahead, you need a deep, restorative sleep and nothing less. Sealy Posturepedic Exquisite enhances your sleep through the precise balance of comfort, support and quality.

Backed by orthopaedic research our patented support technology helps you to wake up feeling rejuvenated and ready to live out your success.

Crown-Jewel-Sealy
The ultimate in comfort and pure opulence, the Crown Jewel is at the top of the Sealy Posturepedic range and offers timeless luxury unmatched by any other collection. From the bed base technology and top-of-the-line comfort layers to the hand-tufted quilt layers and golden vents, these mattresses are handcrafted to the highest standard and are designed to provide you with years of quality sleep.

BASES

Sealy Designer Base

Combine your mattress with a high quality matching Sealy base. The performance of the foundation is key to how your new mattress will feel.

Featuring a specially engineered module designed to support the mattress, absorb shock and provide longer lasting comfort.

Personalise your Sealy base to match your bedroom with a selection of high quality, designer fabrics available in a range of contemporary colours.

All designer bases are hand-made right here in Australia using the highest quality, locally sourced materials.

Find out more

<span style="font-size:14px">Sealy Designer Base</span>

BASES

Posturematic Adjustable Base.

Experience comfort at a new angle.

Whether it’s reading a book before the lights go out or for medical reasons, our adjustable beds usher in a new era of adaptable sleeping.

Personalise your sleeping position and stay comfortable throughout the night.

Not only do they provide additional comfort, but can increase blood flow, decrease snoring and add optimal support for sore joints and ailments.

Discover More

<span style="font-size:14px">Posturematic Adjustable Base

BASES

SpaceSaver Drawer Base.

If you need an extra storage option, the Sealy Posturepedic SpaceSaver™ drawer base is the perfect solution.

There is no compromise in style, quality or function.

The drawers are available in a range of configurations to meet your specific bedroom requirements.

Personalise your base to match your bedroom with a selection of high quality, designer fabrics available in a range of contemporary colours.

View options

<span style="font-size:14px">SpaceSaver Drawer Base</span>