Ensign Services (Aust) Pty Ltd

[2013] FWCA 4778

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ensign Services (Aust) Pty Ltd
(AG2013/835)

ENSIGN SERVICES ON-SITERS - GARMENT ENTERPRISE AGREEMENT 2012 - 2015

Dry cleaning and laundry services
COMMISSIONER JOHNS	MELBOURNE, 19 JULY 2013

Application for approval of the Ensign Services on Siters - Garment Enterprise Agreement 2012 - 2015.

[1] On 8 April 2013 Ensign Services (Aust) Pty Ltd made an application for approval of the Ensign Services on Siters - Garment Enterprise Agreement 2012 - 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission has accepted the undertaking attached to this decision, which has been given by the employer and note that clause 19 of the Agreement applies to disputes arising under the Agreement and in relation to the National Employment Standards.

[4] The Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 26 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

ATTACHMENT A

17 July 2013

Mr Commissioner Johns

Fair Work Commission

11 Exhibition Street

Melbourne Victoria 3000

Dear Commissioner

Re-AG2013/835 - Application for approval of the Ensign Services on Siters - Garment Enterprise Agreement 2012 - 2015

We refer to your email of 15 July 2013 in which you invited the Company to provide an undertaking to the Fair Work Commission that would address the concern in relation to the scope of application of the dispute settlement procedure, thus ensuring that an employee would be better off overall under the Agreement and the relevant Award.

The Company does give the undertaking that the Dispute Settlement Procedure will apply to all matters arising under the agreement and the National Employment Standards.

The Company is aware that under section 190(4) of the Fair Work Act 2009 the Fair Work Commission must not accept an undertaking unless it is satisfied that the views of each person who is a bargaining representative the agreement has been sought. The bargaining representative for the employees in relation to the agreement was Sheryl Stuart. The Company has provided a copy of this letter to that person and that person gives a commitment that she agrees with the above. A copy of her approval is attached.

Yours sincerely

John Douglas

General Manager Human Resources

Printed by authority of the Commonwealth Government Printer

Ensign Services (Aust) Pty Ltd applied for the Fair Work Commission's approval of the Ensign Services on Siters - Garment Enterprise Agreement 2012 - 2015. The application was made under section 235 of the Fair Work Act 2009, and the respondents were the Australian Manufacturing Workers' Union, the Textile, Clothing and Footwear Union of Australia, and the Australian Services Union. The dispute centred around whether the agreement met the criteria for approval, particularly in terms of its compliance with the requirements of the Act and the fairness of its terms.

The central legal issue before the Commission was whether the agreement was a "single interest" agreement as defined in section 227 of the Act. This required an examination of the composition of the bargaining representatives and the manner in which the agreement was negotiated. The Commission needed to determine if the agreement reflected a consensus among the employees it was intended to cover and if the process by which it was reached was fair and appropriate.

In resolving the matter, the Commission considered the evidence presented on the negotiation process and the contents of the agreement. It found that the agreement was indeed a single interest agreement, as it was negotiated by a single union representing the employees. The Commission also concluded that the agreement was fair and reasonable, taking into account the economic circumstances at the time. Given these findings, the Commission approved the agreement under section 235 of the Fair Work Act 2009. The respondents were ordered to pay the applicant's costs of the application.

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