DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ensign Services (Aust) Pty Ltd
(AG2015/2339)

ENSIGN SERVICES MURDOCH LAUNDRY WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2015

Dry cleaning and laundry services
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 30 APRIL 2015

Application for approval of the Ensign Services Murdoch Laundry Western Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ensign Services Murdoch Laundry Western Australia Enterprise Agreement 2015 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Ensign Services (Aust) Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Voice 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2015. The nominal expiry date of the Agreement is 1 April 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Ensign Services (Aust) Pty Ltd applied for the approval of the Ensign Services Murdoch Laundry Western Australia Enterprise Agreement 2015. The application was made under section 232 of the Fair Work Act 2009. The agreement was to govern the employment of workers at Ensign Services' Murdoch laundry facility in Western Australia. The company sought the agreement's approval to ensure compliance with the relevant industrial and employment laws.

The central legal issues before the Commission were whether the agreement met the procedural and substantive requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was made in accordance with the process prescribed by the Act and whether it contained all the mandated terms and conditions. The company argued that the agreement had been fairly negotiated and that it complied with all legal requirements. Concerns were raised about certain provisions, particularly those relating to employee entitlements and classification.

The Commission carefully reviewed the negotiation process and the content of the agreement. It found that the agreement had been made through proper negotiation processes and that all mandatory terms were included. The Commission was satisfied that the agreement had been fairly negotiated and that it did not contain any illegal or unfair provisions. Consequently, the Commission approved the agreement, recognising its compliance with the statutory requirements.

The final order of the Commission was that the Ensign Services Murdoch Laundry Western Australia Enterprise Agreement 2015 be approved as a registered agreement under section 181 of the Fair Work Act 2009. This decision ensures that the agreement is legally binding and enforceable between the company and its employees.

Ensign Services (Aust) Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established