Holy Cross Laundry Limited

[2014] FWCA 8836

[2014] FWCA 8836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Holy Cross Laundry Limited
(AG2014/9957)

HOLY CROSS LAUNDRY ENTERPRISE AGREEMENT 2014

Dry cleaning and laundry services
COMMISSIONER BULL	SYDNEY, 8 DECEMBER 2014

Application for approval of the Holy Cross Laundry Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Holy Cross Laundry Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

Alternative employment

[2] Attached to the application was an undertaking provided by the Applicant in response to a concern raised by the Transport Workers’ Union (TWU) that during the negotiations the parties had agreed to amend clause 3.12.3 - Alternative Employment, of the Agreement by making reference to s.120 of the Act. However, due to an administrative error, the amended wording to clause 3.12.3 was not included in the Agreement that went to ballot.

[3] The undertaking states that with respect to clause 3.12.3, where the Applicant obtains acceptable alternative employment for an employee, the Applicant can make an application to the Commission under s.120 of the Act for a reduction in the amount of redundancy pay to be paid to the employee.

Annual leave

[4] Upon request from the Commission, the Applicant has provided an undertaking with respect to clause 6.1 - Annual Leave, and in particular sub clause 6.1.1 that annual leave will accrue progressively during a year of service according to the employee’s ordinary hours of work, as per s.87(2) of the Act.

[5] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[6] Pursuant to s.190(4) of the Act, the TWU and The Australian Workers’ Union (AWU) have been made aware of the undertakings provided. The TWU has advised that it supports the undertaking in respect of alternative employment and has not advised of any concerns in relation to the accrual of annual leave. The AWU has not advised of any concerns with the undertakings provided.

[7] The undertakings are not so substantial that if asked to vote again the employees who voted would not approve the Agreement. I am therefore satisfied that the undertakings do not result in a substantial change to the Agreement as per s.190(3)(b) of the Act.

[8] The Agreement will cover employees employed in the laundry operations including drivers in Queensland. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being geographically or organisationally distinct.

[9] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[10] The Transport Workers’ Union of Australia and The Australian Workers’ Union being bargaining representatives for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[11] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 15 December 2014. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

Annexure A

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