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

CaseChat Overview and Summary

Ensign Services Pty Ltd applied to the Fair Work Commission for approval of the Ensign Services Linen Drivers (WA) Agreement 2018. The applicant is a company that provides linen services to the health and aged care sectors in Western Australia, and the dispute concerns the proposed agreement governing the terms and conditions of employment for its linen drivers. The respondents to the application included various unions and individual employees. The unions argued that the agreement did not comply with various provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and Regulations, including whether it provided for a modern award, and whether it contained provisions that were not in the best interests of the employees. The Commission needed to determine if the agreement provided for a modern award, whether it included provisions that were not in the best interests of the employees, and whether it complied with other relevant provisions of the Fair Work Act and Regulations.

The Commission found that the agreement provided for a modern award and did not include any provisions that were not in the best interests of the employees. It also found that the agreement complied with other relevant provisions of the Fair Work Act and Regulations. The Commission was satisfied that the agreement provided for the payment of penalty rates, notice of termination, and other matters in accordance with the relevant modern award. The Commission also found that the agreement contained provisions that were in the best interests of the employees, such as provisions for the payment of overtime and the provision of paid leave. The Commission approved the agreement.

The Commission approved the Ensign Services Linen Drivers (WA) Agreement 2018, subject to certain modifications to ensure compliance with the Fair Work Act and Regulations. The modifications included the removal of certain provisions that were not in the best interests of the employees and the addition of certain provisions to ensure compliance with the relevant modern award. The agreement will now be registered as a registered agreement under the Fair Work Act.

Ensign Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established