DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ensign Services (Aust.) Pty Ltd T/A Spotless
(AG2018/7205)

ENSIGN SERVICES (AUST.) PTY. LTD. ROSEBERY LAUNDRY WORKERS ENTERPRISE AGREEMENT 2018.

Dry cleaning and laundry services
COMMISSIONER LEE	MELBOURNE, 26 MARCH 2019

Application for approval of the Ensign Services (Aust.) Pty. Ltd. Rosebery Laundry Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ensign Services (Aust.) Pty. Ltd. Rosebery Laundry Workers Enterprise Agreement 2018 (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 Spotless. 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.

[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] The The Australian 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2019. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Ensign Services (Aust.) Pty Ltd T/A Spotless, the Fair Work Commission addressed an application for the approval of the Ensign Services (Aust.) Pty. Ltd. Rosebery Laundry Workers Enterprise Agreement 2018. The dispute arose between the applicant, Ensign Services, and the union representing the employees, the Australian Manufacturing Workers Union (AMWU). The central issue was whether the proposed enterprise agreement complied with the Fair Work Act 2009 and whether it appropriately balanced the interests of both the employer and the employees.

The legal issues primarily revolved around whether the enterprise agreement met the requirements for "registered" status, as stipulated in section 230 of the Fair Work Act. The Commission needed to assess the fairness and appropriateness of the agreement, considering factors such as the negotiation process, the content of the agreement, and whether it provided for minimum entitlements as prescribed by the Fair Work Act. Additionally, the Commission examined whether the agreement complied with the procedural fairness principles, ensuring that the union had adequately represented the employees' interests during negotiations.

The Commission found that the agreement was fair and appropriate, noting that the negotiation process had been conducted in good faith and that the terms of the agreement were reasonable. The Commission was satisfied that the agreement provided for the minimum entitlements required by the Fair Work Act and that it balanced the interests of both parties. The procedural fairness requirements were also met, as the union had adequately represented the employees' interests throughout the negotiation process. Consequently, the Commission approved the enterprise agreement, acknowledging its compliance with the legislative requirements.

The Fair Work Commission's decision to approve the Ensign Services (Aust.) Pty. Ltd. Rosebery Laundry Workers Enterprise Agreement 2018 highlights the importance of fair and balanced enterprise agreements in the workplace. The Commission's analysis underscores the need for compliance with both substantive and procedural requirements when negotiating and approving such agreements. This decision serves as a reminder for employers and unions to ensure that enterprise agreements meet the necessary standards to maintain a harmonious and fair working environment.

Ensign Services (Aust.) Pty Ltd T/A Spotless

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established