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

[2018] FWCA 5565

[2018] FWCA 5565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ensign Services (Aust.) Pty. Ltd. T/A Spotless
(AG2018/2251)

SPOTLESS LAUNDRY SERVICE DUDLEY PARK & TWU FAIR WORK AGREEMENT 2018

Dry cleaning and laundry services
COMMISSIONER PLATT	ADELAIDE, 4 SEPTEMBER 2018

Application for approval of the Spotless Laundry Service Dudley Park & TWU Fair Work Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Laundry Service Dudley Park & TWU Fair Work 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] On 23 August 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided an undertaking in relation to the following:

•  For the purposes of clause 8 of the Agreement the model consultation term will be adopted and be taken to be a term of the Agreement.

•  For the purposes of clause 23 of the Agreement, an employee (other than a casual employee) is entitled to 10 days of paid personal/carer’s leave for each year of service.

•  For the purposes of clause 15.1.4 of the Agreement, the overtime provision shall be no less favourable than the respective overtime provisions contained at clause 27 of the Road Transport and Distribution Award 2010.

•  For the purposes of clause 32 of the Agreement, a variation of the Agreement must be approved by the Fair Work Commission in accordance with the requirements of the Act.

[4] No bargaining representatives were appointed. I have accepted the undertaking provided by the employer. As a result, the undertakings are taken to be a term of the Agreement.

[5] The consultation term contained in the Agreement does not require the employer to consult the employees regarding changes to regular rosters or regular hours of work as required by s.205 of the Act. Accordingly, the model consultation term will be adopted pursuant to s.205(2) of the Act to be a term of the agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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