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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Ensign Services (Aust.) Pty. Ltd., the Fair Work Commission was tasked with approving the Ensign Murdoch Laundry Maintenance (Western Australia) Enterprise Agreement 2019. The dispute arose from the application of Ensign Services, a company operating in the laundry services industry, seeking the Commission's endorsement of the agreement reached between the employer and the employees. The agreement contained various terms and conditions governing employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for "registration" under the Act, which included ensuring that it provided for fair and reasonable terms, did not undermine the right to freedom of association, and was not contrary to public policy. Furthermore, the Commission needed to consider whether the agreement provided for the proper protection of employees and whether it was genuinely bargained between the employer and employees.

In its reasoning, the Commission noted that the agreement contained provisions that were consistent with the objectives of the Fair Work Act. The Commission found that the agreement addressed key employment matters in a fair and reasonable manner, provided adequate protection for employees, and was the product of genuine bargaining. The Commission also considered the absence of any evidence suggesting that the agreement undermined the right to freedom of association or was contrary to public policy. Based on these findings, the Commission concluded that the agreement met the necessary criteria for approval and granted the application for registration.

As a result, the Fair Work Commission approved the Ensign Murdoch Laundry Maintenance (Western Australia) Enterprise Agreement 2019. This decision confirmed the validity and enforceability of the agreement, providing a clear framework for the terms and conditions of employment between Ensign Services and its employees.

Ensign Services (Aust.) Pty. Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established