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

[2021] FWCA 7353

[2021] FWCA 7353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ensign Services (Aust) Pty Ltd T/A Linen Services Australia
(AG2021/8798)

ENSIGN NORTHCOTE PRODUCTION COLLECTIVE AGREEMENT 2020

Dry cleaning and laundry services
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 DECEMBER 2021

Application for approval of the Ensign Northcote Production Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ensign Northcote Production Collective Agreement 2020 (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 T/A Linen Services Australia. 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. The undertakings are taken to be a term of 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] I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. The Applicant has provided a National Employment Standards precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

[5] The United Workers’ Union, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2022. The nominal expiry date of the Agreement is 6 January 2024.

DEPUTY PRESIDENT

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Annexure A