DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ensign Services (Aust) Pty Ltd
(AG2016/5840)

ENSIGN SERVICES LINEN DRIVERS (WA) AGREEMENT 2016

Road transport industry
COMMISSIONER ROE	MELBOURNE, 17 NOVEMBER 2016

Application for approval of the Ensign Services Linen Drivers (WA) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ensign Services Linen Drivers (WA) Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Transport Workers’ Union of Australia 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.

[5] The Agreement was approved on 17 November 2016 and, in accordance with s.54, will operate from 24 November 2016. The nominal expiry date of the Agreement is 17 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Ensign Services (Aust) Pty Ltd applied to the Fair Work Commission for approval of the Ensign Services Linen Drivers (WA) Agreement 2016. The applicant is an employer in the linen supply industry and the agreement relates to the employment of drivers who transport linen between hospitals and laundry facilities in Western Australia. The application was opposed by the Transport Workers Union (TWU), which argued that the agreement did not adequately protect the rights and conditions of its members. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it provided for the proper classification of employees, and whether it contained appropriate provisions for dispute resolution. The Commission also considered whether the agreement complied with relevant award and enterprise agreement provisions, and whether it contained provisions that were contrary to public policy. The TWU argued that the agreement did not provide adequate protections for its members and that some provisions were contrary to public policy.

The Fair Work Commission found that the agreement had been made in good faith and that it provided for the proper classification of employees. The Commission also found that the agreement contained appropriate provisions for dispute resolution and that it complied with relevant award and enterprise agreement provisions. However, the Commission did not approve some provisions of the agreement that it found to be contrary to public policy. The Commission ultimately approved the agreement with some modifications to address the concerns raised by the TWU.

The Fair Work Commission approved the Ensign Services Linen Drivers (WA) Agreement 2016 with modifications to certain provisions. The modifications included changes to the dispute resolution process and the removal of provisions that were found to be contrary to public policy. The Commission noted that the agreement provided for the proper classification of employees and contained appropriate protections for its members. The TWU was given the opportunity to make further submissions on the modified agreement before the Commission made its final decision.

Ensign Services (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established