Ensign Services (Aust) Pty Ltd T/A Linen Services Australia
[2025] FWCA 2220
•4 JULY 2025
| [2025] FWCA 2220 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Ensign Services (Aust) Pty Ltd T/A Linen Services Australia
(AG2025/1930)
ENSIGN SERVICES (AUST.) PTY LTD DUDLEY PARK (SA) LAUNDRY WORKERS ENTERPRISE AGREEMENT 2024
| Dry cleaning and laundry services | |
| COMMISSIONER ROGERS | ADELAIDE, 4 JULY 2025 |
Application for approval of the Ensign Services (AUST.) PTY LTD Dudley Park (SA) Laundry Workers Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Ensign Services (AUST.) PTY LTD Dudley Park (SA) Laundry Workers Enterprise Agreement 2024 (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 trading as Linen Services Australia (the Applicant). The Agreement is a single enterprise agreement.
The application was required to be filed within 14 days after it was made on 4 June 2025 in accordance with s.185(3) of the Act. As it was not filed until 19 June 2025, it was filed one day after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.
The Applicant has provided written undertakings, a copy of which 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss. 186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
· Annual leave (accrual): Schedule B of the Agreement states that an employee is entitled to accrue 20 days of annual leave, inconsistent with s.87(1) of the Act which specifies annual leave in weeks.
· Compassionate leave: The entitlement to compassionate leave provided by Schedule B of the agreement does not appear to be triggered after the stillbirth of a child of the employee or a member of the employee’s immediate family or household as per s.105(1)(b) of the Act or after the employee or the employee’s spouse or de facto partner has a miscarriage as per s.105(1)(c) of the Act.
· Family and domestic violence leave: Clause 31.5 of the Agreement states that an employee experiencing family violence will have access to their personal leave for medical appointments, legal proceedings and other activities related to family violence. Further, clause 31.5.1 provides that this leave may be taken as consecutive or single days or as a part day in accordance with the requirements of Schedule B of this Agreement. Schedule B of the Agreement does not contain provisions which outline the leave entitlements for employees experiencing family and domestic violence leave. Moreover, it appears that this clause may be implying that personal/carers leave may be used as opposed to the additional paid family and domestic violence leave. Section 106A of the Act provides that an employee is entitled to 10 days of paid family and domestic violence leave in a 12-month period.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.
The Agreement is approved and will operate in accordance with s.54 of the Act from 11 July 2025. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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ANNEXURE A
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