Ensign Services (Aust) Pty Ltd T/A Linen Services Australia

[2023] FWCA 679

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ensign Services (Aust) Pty Ltd T/A Linen Services Australia

(AG2023/278)

Linen Services Australia NSW Plants Enterprise

AGREEMENT 2022

Dry cleaning and laundry services
COMMISSIONER MCKINNON	SYDNEY, 2 MARCH 2023

Application for approval of the Linen Services Australia NSW Plants Enterprise Agreement 2022

Ensign Services (Aust) Pty Ltd T/A Linen Services Australia has applied for approval of a single enterprise agreement known as the Linen Services Australia NSW Plants Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 9 March 2023. The nominal expiry date of the Agreement is 30 June 2025.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Ensign Services (Aust) Pty Ltd trading as Linen Services Australia, applied for the approval of the Linen Services Australia NSW Plants Enterprise Agreement 2022. The applicant sought to have the agreement registered with the Fair Work Commission, which would then allow it to be enforced against the employees covered by the agreement. The dispute centred on the terms and conditions of employment for workers employed in the applicant's NSW plants.

The primary legal issue for the Commission to determine was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for the fair and equitable resolution of employees' terms and conditions of employment, and whether it contained provisions that were inconsistent with the National Employment Standards or the Fair Work Act. The Commission also had to consider whether the agreement had been genuinely negotiated between the applicant and the employees' representatives.

The Commission found that the agreement met the statutory requirements for approval. The agreement provided for the fair and equitable resolution of employees' terms and conditions of employment and contained provisions that were consistent with the National Employment Standards and the Fair Work Act. The Commission was satisfied that the agreement had been genuinely negotiated between the applicant and the employees' representatives. The Commission approved the agreement and registered it with the Fair Work Commission. The agreement is now enforceable against the employees covered by it.

The Fair Work Commission approved and registered the Linen Services Australia NSW Plants Enterprise Agreement 2022. This decision ensures that the terms and conditions of employment for employees working in the applicant's NSW plants are governed by a legally enforceable agreement. The decision also provides certainty and stability for both the applicant and its employees, as well as promoting fair and equitable outcomes in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established