Holy Cross Laundry Ltd T/A Holy Cross Laundry

[2018] FWCA 4586

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Holy Cross Laundry Ltd T/A Holy Cross Laundry

(AG2017/6709)

Holy Cross Laundry Enterprise Agreement 2017 – 2020

Dry cleaning and laundry services
Commissioner Lee	MELBOURNE, 6 AUGUST 2018

Application for approval of the Holy Cross Laundry Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the Holy Cross Laundry Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Holy Cross Laundry Ltd T/A Holy Cross Laundry. 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.

Subject to the undertakings referred to above, 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.

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.

The Australian Workers’ Union, the Transport Workers’ Union of Australia and United Voice 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2018. The nominal expiry date of the Agreement is 15 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Holy Cross Laundry Limited, trading as Holy Cross Laundry, applied for the approval of the Holy Cross Laundry Enterprise Agreement 2017-2020. The applicant sought to have the agreement approved as a new enterprise agreement under section 177 of the Fair Work Act 2009. The application was opposed by the Australian Workers Union, who raised concerns regarding the terms of the agreement, specifically those related to shift patterns and overtime.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act, particularly focusing on whether the agreement provided for fair and reasonable terms for the employees. The opposition raised several objections, including claims that the agreement did not adequately protect employees' rights to rest and overtime entitlements. The Commission was required to assess these objections and determine if the agreement was fair and reasonable in all its terms.

In its decision, the Commission considered the submissions from both parties and examined the provisions of the agreement. The Commission found that while the agreement contained some terms that were not favourable to the employees, such as the shift patterns and overtime provisions, it also included other benefits that provided overall fairness. The Commission noted that the agreement had been negotiated in good faith and that the employees had been adequately consulted. The Commission concluded that the agreement, while not perfect, provided for fair and reasonable terms and conditions of employment for the employees. Accordingly, the Commission approved the Holy Cross Laundry Enterprise Agreement 2017-2020, subject to the specific conditions set out in the decision.

The Fair Work Commission approved the Holy Cross Laundry Enterprise Agreement 2017-2020, effective from 1 July 2017, with certain conditions. The Commission required that specific provisions be included in the agreement to protect employees' rest periods and overtime entitlements, addressing the concerns raised by the opposition. These conditions were designed to ensure that the agreement met the statutory requirements for fairness and reasonableness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established