Princes Linen Services Pty Ltd T/A Princes Linen Services Pty Ltd

[2022] FWCA 4411

[2022] FWCA 4411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Princes Linen Services Pty Ltd T/A Princes Linen Services Pty Ltd

(AG2022/5055)

PRINCES LINEN SERVICES PTY LTD Enterprise Bargaining Agreement Altona 2022-2025

Dry cleaning and laundry services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 15 DECEMBER 2022

Application for approval of the PRINCES LINEN SERVICES PTY LTD Enterprise Bargaining Agreement Altona 2022-2025

1. Princes Linen Services Pty Ltd has applied for approval of an enterprise agreement known as the PRINCES LINEN SERVICES PTY LTD Enterprise Bargaining Agreement Altona 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. Some employees may not have been notified of the place and method of the vote at the start of the access period as required by s.180(3) of the Act. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the requirements of s.180(3), and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

1. 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. The undertakings are taken to be a term of the Agreement.

1. 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.

1. The United Workers’ Union 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·  Clause 11.4.5 – Casual employment;

·  Clause 13.6 – Notice of termination by Employee;

·  Clause 25.3 – Public Holidays;

·  Clause 27.8 – Shiftworkers – laundry workplaces;

·  Clause 29 – Compassionate Leave; and

·  Clause 44.5 – Redundancy.

However, noting clause 5.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518570  PR748924>

Annexure A