Ensign Services (Aust.) Pty. Ltd.

[2019] FWCA 5921

[2019] FWCA 5921

FAIR WORK COMMISSION

DECISION

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

Ensign Services (Aust.) Pty. Ltd.
(AG2019/2299)

ENSIGN MURDOCH LAUNDRY MAINTENANCE (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 27 AUGUST 2019

Application for approval of the Ensign Murdoch Laundry Maintenance (Western Australia) Enterprise Agreement 2019.

[1] An application has been filed by Ensign Services (Aust.) Pty. Ltd.(the employer) for the approval of an enterprise agreement known as the Ensign Murdoch Laundry Maintenance (Western Australia) Enterprise Agreement 2019 (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 as per s.172(2) of the Act.

[2] Following issues being raised with the employer by the Commission, the employer provided an undertaking regarding rates of pay for apprentices under the Agreement.

[3] A copy of the undertaking is attached at the end of the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement.

[4] Subject to the undertaking referred to above, 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it and has approved the undertaking. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is three years from the date of approval.

DEPUTY PRESIDENT

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