DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Princes Linen Services Pty Ltd
(AG2019/4906)

PRINCES LINEN SERVICES PTY LTD ENTERPRISE BARGAINING AGREEMENT ALTONA 2019 - 2020

Dry cleaning and laundry services
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 JANUARY 2020

Application for approval of the Princes Linen Services Pty Ltd Enterprise Bargaining Agreement Altona 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Princes Linen Services Pty Ltd Enterprise Bargaining Agreement Altona 2019 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Princes Linen Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2020. The nominal expiry date of the Agreement is 19 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Princes Linen Services Pty Ltd, sought approval of an Enterprise Bargaining Agreement (EBA) from the Fair Work Commission (FWC). The applicant argued that the EBA contained terms and conditions that were fair and reasonable for the employees covered by the agreement. The respondent, the Retail and Fast Food Workers Union of Victoria, opposed the application on the basis that certain terms of the EBA were unfair and unreasonable.

The legal issues before the FWC were whether the terms of the EBA were fair and reasonable and whether the EBA complied with the relevant provisions of the Fair Work Act 2009. The FWC considered whether the EBA provided for a fair and reasonable outcome for the employees and whether it met the requirements for approval under the Act. The FWC also considered the views of the parties and any relevant evidence.

The FWC found that the EBA contained terms that were fair and reasonable for the employees and that it complied with the relevant provisions of the Act. The FWC noted that the EBA provided for a fair and reasonable outcome for the employees, including provisions for pay rates, leave entitlements, and other conditions of employment. The FWC also found that the EBA met the requirements for approval under the Act and that there were no grounds for refusing approval. The FWC approved the EBA in accordance with section 176 of the Act.

The FWC approved the EBA, subject to certain modifications, in accordance with section 176 of the Fair Work Act 2009. The FWC found that the EBA contained terms that were fair and reasonable for the employees and that it complied with the relevant provisions of the Act. The FWC noted that the EBA provided for a fair and reasonable outcome for the employees, including provisions for pay rates, leave entitlements, and other conditions of employment. The FWC also found that the EBA met the requirements for approval under the Act and that there were no grounds for refusing approval. The FWC approved the EBA, subject to certain modifications, in accordance with section 176 of the Act.

Princes Linen Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established