DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ensign Services (Aust.) Pty. Ltd. T/A Spotless
(AG2018/4815)

ENSIGN SERVICES MURDOCH LAUNDRY WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2018

Dry cleaning and laundry services
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 FEBRUARY 2019

Application for approval of the Ensign Services Murdoch Laundry Western Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ensign Services Murdoch Laundry Western Australia 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] United Voice 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 February 2019 and, in accordance with s.54, will operate from 27 February 2019. The nominal expiry date of the Agreement is 1 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ensign Services (Aust.) Pty. Ltd., trading as Spotless, applied for approval of the Ensign Services Murdoch Laundry Western Australia Enterprise Agreement 2018. The application was made under section 231 of the Fair Work Act 2009, and the matter was heard by Deputy President K. A. Gilmore. The dispute centred on whether the proposed enterprise agreement met the requirements for registration and approval, including whether it provided for the mandatory matters specified in the Act and whether it was appropriately certified by an independent certifier.

The legal issues the court needed to address included whether the agreement covered all the mandatory matters required by the Fair Work Act and whether it was properly certified. The court also had to consider if the agreement provided for appropriate mechanisms to ensure its proper implementation and whether it complied with the good faith bargaining requirement. Additionally, the court needed to examine whether the agreement was in the best interests of the employees and whether it met the criteria for approval as set out in the Act.

In its decision, the Fair Work Commission found that the Ensign Services Murdoch Laundry Western Australia Enterprise Agreement 2018 was appropriately certified and covered all the mandatory matters as required by the Fair Work Act. The court determined that the agreement was in the best interests of the employees and met all the criteria for approval. The Deputy President concluded that the agreement provided for adequate mechanisms to ensure its proper implementation and that it was made in good faith. Consequently, the court granted the application for approval of the enterprise agreement. The final orders included the registration of the agreement and its enforcement as a binding legal document between the employer and the employees.

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