Ensign Services (Aust) Pty Ltd Summary

[2022] FWCA 1352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ensign Services (Aust) Pty Ltd

(AG2022/1135)

Ensign Laundry Service Dudley Park & TWU Fair Work Agreement 2020

Dry cleaning and laundry services
COMMISSIONER PLATT	ADELAIDE, 20 APRIL 2022

Application for the approval of the Ensign Laundry Service Dudley Park & TWU Fair Work Agreement 2020

An application has been made for approval of an enterprise agreement known as the Ensign Laundry Service Dudley Park & TWU Fair Work Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ensign Services (Aust) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 19 April 2022 and was determined on the papers.

The Transport Workers’ Union of Australia (TWU), 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) of the Act I note that the Agreement covers this organisation.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ensign Services (Aust) Pty Ltd, applied to the Fair Work Commission for the approval of the Ensign Laundry Service Dudley Park & TWU Fair Work Agreement 2020. The respondent, the Transport Workers Union (TWU), objected to the approval of the agreement on the grounds that it was not in the best interests of the employees. The matter was heard in the Fair Work Commission of Australia.

The legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it complied with the requirements of the Fair Work Act 2009. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, whether it provided for the protection of employees' rights and entitlements, and whether it was consistent with the principles of the Fair Work Act.

The Commission found that the agreement was in the best interests of the employees and that it complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and other entitlements. The Commission also found that the agreement provided for the protection of employees' rights and entitlements and that it was consistent with the principles of the Fair Work Act. The Commission approved the agreement, subject to certain modifications to ensure that it complied with the requirements of the Fair Work Act.

The Commission made orders approving the Ensign Laundry Service Dudley Park & TWU Fair Work Agreement 2020, subject to certain modifications. The modifications included changes to the agreement to ensure that it provided for the protection of employees' rights and entitlements and that it complied with the requirements of the Fair Work Act. The Commission also made orders for the publication of the agreement and for the notice of the approval of the agreement to be given to the employees.

Ensign Services (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established