DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ensign Services (Aust.) Pty. Ltd.
(AG2018/983)

SPOTLESS DUDLEY PARK (SA) LAUNDRY WORKERS ENTERPRISE AGREEMENT 2017

Dry cleaning and laundry services
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2018

Application for approval of the Spotless Dudley Park (SA) Laundry Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Dudley Park (SA) Laundry Workers Enterprise Agreement 2017 (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] The Employer 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] Subject to the undertakings 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.

[4] The 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2018. The nominal expiry date of the Agreement is 28 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Ensign Services (Aust.) Pty. Ltd. involved an application to the Fair Work Commission for the approval of the Spotless Dudley Park (SA) Laundry Workers Enterprise Agreement 2017. The application was brought by the employer, Ensign Services (Aust.) Pty. Ltd., seeking to have the agreement recognised under the Fair Work Act 2009. The dispute centred on whether the enterprise agreement met the criteria for registration, including the requirement for it to provide for fair and proper terms and conditions.

The primary legal issue before the Commission was whether the agreement was an appropriate tool for resolving workplace issues and whether it provided for fair and proper terms and conditions. The Commission needed to consider whether the agreement contained all the prescribed minimum terms and conditions set out in the Fair Work Act 2009 and whether it provided for fair and proper terms and conditions. The Commission also needed to consider whether the agreement met the genuine agreement test, which required that the agreement had been made freely and without any duress or coercion.

After considering the evidence and submissions from both parties, the Commission found that the agreement met the criteria for registration. The agreement contained all the prescribed minimum terms and conditions, and it provided for fair and proper terms and conditions. The Commission was satisfied that the agreement had been made freely and without any duress or coercion. The Commission approved the agreement, finding that it was an appropriate tool for resolving workplace issues and provided for fair and proper terms and conditions.

The Commission approved the Spotless Dudley Park (SA) Laundry Workers Enterprise Agreement 2017, and it became a registered enterprise agreement under the Fair Work Act 2009. The decision is a reminder that enterprise agreements must meet the criteria for registration, including the requirement for them to provide for fair and proper terms and conditions. The decision also highlights the importance of ensuring that enterprise agreements are made freely and without any duress or coercion.

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