Ensign Services Pty Ltd

[2019] FWCA 2546

[2019] FWCA 2546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ensign Services Pty Ltd
(AG2018/6210)

ENSIGN SERVICES LINEN DRIVERS (WA) AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 12 APRIL 2019

Application for approval of the Ensign Services Linen Drivers (WA) Agreement 2018.

[1] Ensign Services Pty Ltd has made an application for the approval of an enterprise agreement known as the Ensign Services Linen Drivers (WA) Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings. No objection was raised.

[3] 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.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. 1 In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[6] 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.

[7] The Transport Workers' Union of Australia (the organisation),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 organisations, I note that the Agreement covers the organisation.

[8] The Agreement was approved on 12 April 2019 and, in accordance with s 54, will operate from 19 April 2019. The nominal expiry date of the Agreement is 11 April 2022.

DEPUTY PRESIDENT

Annexure A

 1   Fair Work Regulations 2009 (Cth) r 2.06A

Printed by authority of the Commonwealth Government Printer

<AE502918  PR706946>