Ensign Services (Aust) Pty Ltd

[2013] FWCA 3527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ensign Services (Aust) Pty Ltd
(AG2013/1094)

ENSIGN SERVICES ABBOTSFORD PRODUCTION ENTERPRISE AGREEMENT 2013

Dry cleaning and laundry services
COMMISSIONER GREGORY	SYDNEY, 4 JUNE 2013

Application for approval of Ensign Services Abbotsford Production Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ensign Services Abbotsford Production Enterprise Agreement 2013 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2013. The nominal expiry date of the Agreement is 26 October 2015.

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 Services Abbotsford Production Enterprise Agreement 2013. The applicant sought the approval of this agreement under section 178 of the Fair Work Act 2009. The application was made to the Fair Work Commission, which is the body responsible for approving enterprise agreements in Australia.

The primary legal issue the Commission had to resolve was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, did not adversely affect the operation of any federal industrial law, and had been negotiated in good faith. The Commission also had to consider the implications of the agreement on employees' rights and the broader industrial relations framework.

The Fair Work Commission found that the Ensign Services Abbotsford Production Enterprise Agreement 2013 met the criteria for approval. The Commission concluded that the agreement contained terms and conditions that were fair and reasonable for the employees covered by the agreement. It also found that the agreement did not adversely affect the operation of any federal industrial law and had been negotiated in good faith. Furthermore, the Commission determined that the agreement did not undermine employees' rights and was consistent with the objectives of the Fair Work Act 2009.

The Fair Work Commission approved the Ensign Services Abbotsford Production Enterprise Agreement 2013, effective from the date of the Commission's decision. The approval allowed the agreement to be registered with the Australian Industrial Relations Commission, which would provide it with legal force and enforceability under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established