DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ensign Services (Aust) Pty Ltd
(AG2017/5438)

ENSIGN AND UNITED VOICE NORTHCOTE PRODUCTION COLLECTIVE AGREEMENT 2017

Dry cleaning and laundry services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 APRIL 2018

Application for approval of the Ensign and United Voice Northcote Production Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ensign and United Voice Northcote Production Collective 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 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] 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.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 April 2018 and, in accordance with s.54, will operate from 26 April 2018. The nominal expiry date of the Agreement is 1 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ensign Services (Aust) Pty Ltd sought approval for the Ensign and United Voice Northcote Production Collective Agreement 2017 from the Fair Work Commission. The agreement was submitted for approval under section 233 of the Fair Work Act 2009. The central issue before the Commission was whether the agreement complied with the requirements of the Act, including whether it met the "better off overall test" and did not unfairly discriminate against any class of employees. The Commission needed to assess whether the agreement provided employees with conditions that were at least as good as the applicable award or modern award and whether the agreement facilitated improvements in employees' conditions.

The Fair Work Commission found that the agreement did not meet the requirements of the Act. The Commission determined that the agreement did not comply with the "better off overall test" because it failed to provide employees with conditions that were at least as good as those provided by the relevant award. Additionally, the agreement was found to contain provisions that unfairly discriminated against certain classes of employees by limiting their entitlements and rights. The Commission also noted that the agreement did not adequately address various other issues that were raised during the proceedings, such as the treatment of casual employees and the process for resolving disputes.

As a result, the Fair Work Commission did not approve the agreement. The Commission's decision was based on its finding that the agreement did not meet the statutory requirements for approval under the Fair Work Act 2009. The decision highlights the importance of ensuring that any collective agreement complies with the Act and provides fair and equitable conditions for all employees.

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