Holy Cross Services Limited

[2025] FWCA 844

[2025] FWCA 844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Holy Cross Services Limited

(AG2025/232)

HOLY CROSS SERVICES LIMITED ENTERPRISE AGREEMENT 2024

Dry cleaning and laundry services

DEPUTY PRESIDENT DOBSON

BRISBANE, 7 MARCH 2025

Application for approval of the Holy Cross Services Limited Enterprise Agreement 2024

1. This decision deals with an application made for approval of an enterprise agreement known as the Holy Cross Services Limited Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Holy Cross Services Limited (the Applicant). The Agreement is a single-enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement and a broader scope to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act, which includes the issuing of a second NERR and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

1. The Employer has raised the following issues with the Agreement, which it asserts to be obvious errors, defects or irregularities:

•Clause 47.5 of the Agreement incorrectly referred to casual rate of pay instead of the hourly rate of pay.

1. The Employer has provided an updated copy of the Agreement which corrected this error. The views of bargaining representatives were sought and no objections to the history or proposed change was made. I am satisfied that this issue constitutes an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the Act.

1. The Applicant has provided written undertakings. 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.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Australian Workers’ Union (AWU) and the United Workers Union (UWU) have both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU and the UWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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