Ensign Services (Aust) Pty Ltd

[2023] FWCA 364

[2023] FWCA 364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ensign Services (Aust) Pty Ltd

(AG2022/5628)

ENSIGN MURDOCH LAUNDRY MAINTENANCE (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2022

Dry cleaning and laundry services
DEPUTY PRESIDENT DEAN	CANBERRA, 7 FEBRUARY 2023

Application for approval of the Ensign Murdoch Laundry Maintenance (Western Australia) Enterprise Agreement 2022.

1. An application has been made for approval of an enterprise agreement known as the Ensign Murdoch Laundry Maintenance (Western Australia) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ensign Services (Aust) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

1. The Notice of Employee Representational Rights issued to the employees referred to the title of the Agreement as the “Ensign Murdoch Laundry Maintenance (Western Australia) Enterprise agreemenet”, rather than the title of the Agreement filed with the Commission. I am satisfied however that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). I am further satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error and that the Agreement has been genuinely agreed within the meaning of s.188(2).

1. Subject to the undertakings 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.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519090  PR750267>

Annexure A