DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Princes Fabricare Services Pty Ltd T/A Princes Fabricare Services
(AG2019/803)

PRINCES FABRICARE SERVICES PTY LTD - UNITED VOICE - ENTERPRISE AGREEMENT 2019

Dry cleaning and laundry services
COMMISSIONER MCKINNON	MELBOURNE, 20 JUNE 2019

Application for approval of the Princes Fabricare Services Pty Ltd - United Voice - Enterprise Agreement 2019.

[1] An application has been made for approval of a single enterprise agreement known as the Princes Fabricare Services Pty Ltd - United Voice - Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Princes Fabricare Services Pty Ltd T/A Princes Fabricare Services.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[3] With 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.

[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] United Voice (UV) 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504036 PR709562

Annexure A

CaseChat Overview and Summary

In the case of Princes Fabricare Services Pty Ltd T/A Princes Fabricare Services, the Fair Work Commission was asked to approve the Princes Fabricare Services Pty Ltd – United Voice – Enterprise Agreement 2019. The dispute arose from the negotiation process between the employer and the union, United Voice, representing the employees. The central issue before the Commission was whether the agreement met the legal standards for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions for the employees.

The legal issues required the Commission to consider whether the agreement adhered to the requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for terms and conditions that were fair and reasonable, taking into account the various factors stipulated in the Act, such as the nature of the enterprise, the workforce, and the broader economic environment. Additionally, the Commission needed to ensure that the agreement was appropriately negotiated and included the necessary provisions for minimum entitlements and dispute resolution mechanisms.

The Commission found that the agreement met the statutory requirements for approval. It confirmed that the terms and conditions were fair and reasonable, taking into account the specific circumstances of the enterprise and the workforce. The Commission noted that the agreement provided for appropriate minimum entitlements and contained effective dispute resolution mechanisms. Consequently, the Commission approved the agreement, recognising it as a suitable basis for regulating the employment terms and conditions of the employees within the enterprise.

The Fair Work Commission approved the Princes Fabricare Services Pty Ltd – United Voice – Enterprise Agreement 2019, effective from 1 April 2019. This decision legally binds the employer and the union, setting the terms and conditions for the employees covered by the agreement.

Princes Fabricare Services Pty Ltd T/A Princes Fabricare Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established