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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CaseChat Overview and Summary

Ensign Services (Aust.) Pty. Ltd., trading as Spotless, applied for the approval of the Spotless Laundry Service Dudley Park & TWU Fair Work Agreement 2018 before the Fair Work Commission. The dispute involved the terms and conditions of employment for workers at the Spotless Laundry Service at Dudley Park, as negotiated between the employer and the Transport Workers Union (TWU). The matter was heard by the Full Bench of the Fair Work Commission.

The legal issues before the court centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it was a "registered agreement" and whether it was made in good faith and without coercion. The court needed to determine if the agreement complied with the procedural requirements for registration and whether it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the court had to consider whether the agreement was likely to achieve a fair and efficient workplace.

The Full Bench of the Fair Work Commission found that the agreement met the necessary requirements for registration. The court held that the agreement was made in good faith, without coercion, and contained all the prescribed minimum terms and conditions. The court also noted that the agreement provided for a fair and efficient workplace, with provisions that were reasonable and appropriate for the employees. Consequently, the application for approval of the agreement was upheld.

As a result of the court's decision, the Spotless Laundry Service Dudley Park & TWU Fair Work Agreement 2018 was approved and registered. The agreement now serves as the basis for the terms and conditions of employment for the workers at the Spotless Laundry Service at Dudley Park.

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