DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ensign Services (Aust) Pty Ltd
(AG2015/247)

ENSIGN AND UNITED VOICE NORTHCOTE PRODUCTION COLLECTIVE AGREEMENT 2014.

Dry cleaning and laundry services
COMMISSIONER BULL	SYDNEY, 12 MARCH 2015

Application for approval of the Ensign and United Voice Northcote Production Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the
Ensign and United Voice Northcote Production Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] 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 section 201(2) of the Act, I note that the Agreement covers this employee organisation.

[3] 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.

[4] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 19 March 2015. The nominal expiry date of the Agreement is 1 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ensign Services (Aust) Pty Ltd, an employer, applied for the approval of the Ensign and United Voice Northcote Production Collective Agreement 2014. The application was made in the Fair Work Commission, a tribunal with jurisdiction to approve such agreements under the Fair Work Act 2009. The applicant, Ensign, is a company engaged in the provision of services in the aged care sector, and United Voice is a trade union representing workers in the industry. The dispute concerns the terms and conditions of employment for workers covered by the agreement.

The central legal issues before the Commission were whether the agreement was made in accordance with the statutory requirements of the Fair Work Act, whether it provided for the fair and reasonable remuneration and conditions of employment, and whether it complied with the procedural requirements for approval. The Commission examined whether the union had genuinely represented the workers in the negotiation process, whether the agreement met the standards of procedural fairness, and whether it contained terms that were contrary to the public interest.

The Fair Work Commission found that the agreement was made in accordance with the statutory requirements of the Fair Work Act. The Commission was satisfied that the union had genuinely represented the workers in the negotiation process, and that the agreement met the standards of procedural fairness. The Commission also found that the agreement provided for the fair and reasonable remuneration and conditions of employment for the workers, and that it did not contain any terms that were contrary to the public interest. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Ensign and United Voice Northcote Production Collective Agreement 2014, and ordered that it be registered as a registered agreement under the Fair Work Act. The decision provides a useful guide for employers and unions in the negotiation and approval of collective agreements in the aged care industry.

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