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

[2021] FWCA 6547

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
(AG2021/7823)

ENSIGN DANDENONG PRODUCTION COLLECTIVE AGREEMENT 2020

Dry cleaning and laundry services
COMMISSIONER MCKINNON	MELBOURNE, 4 NOVEMBER 2021

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

[1] Linen Services Australia has applied for approval of a single enterprise agreement known as the Ensign Dandenong Production Collective Agreement 2020 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 11 November 2021. The nominal expiry date of the Agreement is 10 November 2024.

[5] The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ensign Services (Aust) Pty Ltd, trading as Linen Services Australia, applied for approval of the Ensign Dandenong Production Collective Agreement 2020. The application was made to the Fair Work Commission, which is tasked with ensuring fair and equitable workplace practices across Australia. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and if it appropriately represented the interests of the employees.

The court had to determine if the agreement provided for fair and reasonable terms of employment, including minimum rates of pay, leave entitlements, and other benefits. Additionally, the court examined whether the agreement was made in good faith and if it complied with the procedural requirements set forth in the Fair Work Act. It was also crucial to assess if the agreement covered the essential terms and conditions of employment and if it provided for a fair dispute resolution process.

In its decision, the Fair Work Commission found that the Ensign Dandenong Production Collective Agreement 2020 was fair and reasonable. The agreement met all the statutory requirements of the Fair Work Act and adequately represented the interests of the employees. The commission noted that the agreement provided for appropriate minimum rates of pay, leave entitlements, and other benefits. It also confirmed that the agreement was made in good faith and complied with the procedural requirements. The court approved the agreement, ensuring that it would be a binding contract between the employer and the employees.

The Fair Work Commission approved the Ensign Dandenong Production Collective Agreement 2020, recognising its compliance with the Fair Work Act and its fair representation of employee interests. This decision ensures that the agreement will govern the terms and conditions of employment for the employees of Ensign Services (Aust) Pty Ltd, trading as Linen Services Australia, providing a clear framework for their working relationship.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established