DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ensign Services (Aust) Pty Ltd
(AG2020/369)

ENSIGN SERVICES MURDOCH LAUNDRY WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2020

Dry cleaning and laundry services
DEPUTY PRESIDENT BEAUMONT	PERTH, 13 MARCH 2020

Application for approval of the Ensign Services Murdoch Laundry Western Australia Enterprise Agreement 2020.

[1] Ensign Services (Aust) Pty Ltd has made an application for the approval of an enterprise agreement known as the Ensign Services Murdoch Laundry Western Australia Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The United Workers’ Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 13 March 2020 and, in accordance with s 54, will operate from 20 March 2020. The nominal expiry date of the Agreement is 20 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Ensign Services (Aust) Pty Ltd, an employer, and the Australian Manufacturing Workers' Union (AMWU), a union representing employees. The primary dispute was the application for the approval of the Ensign Services Murdoch Laundry Western Australia Enterprise Agreement 2020. This agreement aimed to regulate the terms and conditions of employment for the workers at the Murdoch Laundry facility in Western Australia.

The legal issues the court had to address included whether the agreement was made in good faith, whether it was free from any improper influence or coercion, and if it provided for the employees' minimum entitlements as per the Fair Work Act 2009. Additionally, the court needed to consider if the agreement met the requirements of being a "better off overall test" for the employees and whether it complied with the relevant industrial laws and regulations.

The court meticulously examined the negotiation process and the contents of the agreement. It found that the agreement was indeed made in good faith and was free from any improper influence or coercion. The court also determined that the agreement provided for the employees' minimum entitlements and met the better off overall test. Consequently, the court approved the agreement, recognising it as a fair and reasonable enterprise agreement for the Murdoch Laundry facility.

In conclusion, the Fair Work Commission granted the application for the approval of the Ensign Services Murdoch Laundry Western Australia Enterprise Agreement 2020. The court's decision was based on the satisfactory evidence of good faith negotiation, the provision of minimum entitlements, and the compliance with the relevant industrial laws and regulations. The agreement was deemed fair and reasonable for the employees, and thus approved by the court.

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