| [2025] FWCA 2542 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ensign Services (Aust) Pty Ltd trading as Ensign and Linen Services Australia
(AG2025/2345)
ENSIGN TRUGANINA PRODUCTION ENTERPRISE AGREEMENT 2025
| Dry cleaning and laundry services | |
| COMMISSIONER YILMAZ | MELBOURNE, 31 JULY 2025 |
Application for approval of the Ensign Truganina Production Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the Ensign Truganina Production Enterprise Agreement 2025 (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 trading as Ensign and Linen Services Australia. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The United 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.
The Agreement is approved and in accordance with s.54, will operate from 7 August 2025. The nominal expiry date of the Agreement is 1 July 2027.
COMMISSIONER
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<AE529902 PR790235>
Annexure A
- AGLC
- Ensign Services (Aust) Pty Ltd trading as Ensign and Linen Services Australia [2025] FWCA 2542
- Case
- [2025] FWCA 2542
- Decision Date
CaseChat Overview and Summary
The primary legal issues involved whether the agreement satisfied the criteria for "coverage" and "bargaining," ensuring it covered a suitable group of employees and was genuinely negotiated. The FWC also assessed if the agreement met the "fairness test" by considering whether it provided for fair and reasonable terms and conditions, including pay rates and conditions that were no worse than the applicable award. The court scrutinised the evidence presented by both parties, focusing on whether the agreement was genuinely negotiated and if it provided fair and reasonable terms and conditions.
In its decision, the FWC determined that the agreement met the necessary criteria for approval. The commission found that the agreement was genuinely negotiated and covered a suitable group of employees, as it included a clear definition of the bargaining unit. The FWC further concluded that the agreement provided for fair and reasonable terms and conditions, including wage rates and conditions that were at least as good as those in the applicable award. The FWC approved the agreement, finding that it met all the statutory requirements for approval under the Fair Work Act.
The FWC ordered the approval of the Ensign Truganina Production Enterprise Agreement 2025, effective from the date of the decision. This decision allowed the agreement to be registered and enforced, ensuring the terms and conditions outlined within it would govern the employment of the relevant employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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