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

Case •

[2022] FWCA 3483

•

10 OCTOBER 2022
[2022] FWCA 3483

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3936)

Ensign Dandenong Maintenance Enterprise Agreement 2022

Manufacturing and associated industries

DEPUTY PRESIDENT BOYCE

SYDNEY, 10 OCTOBER 2022

Application for approval of the Ensign Dandenong Maintenance Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement to be known as the Ensign Dandenong Maintenance Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ensign Services (Aust) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

  1. The Employer provided undated written undertakings on 7 October 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

  1. The Australian Manufacturing Workers Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 1 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE517694  PR746620>

Annexure A

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0