Specialised Linen Services (Adelaide) Pty Ltd

[2025] FWCA 784

[2025] FWCA 784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Specialised Linen Services (Adelaide) Pty Ltd

(AG2025/32)

SPL EMPLOYEE ENTERPRISE AGREEMENT ADELAIDE

Dry cleaning and laundry services
COMMISSIONER MIRABELLA	MELBOURNE, 28 FEBRUARY 2025

Application for approval of the SPL Employee Enterprise Agreement Adelaide

1. Specialised Linen Services (Adelaide) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the SPL Employee Enterprise Agreement Adelaide (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 22 March 2024 and the Agreement was made on 18 December 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

1. The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. Pursuant to s 205(2) of the FW Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Pursuant to s 202(4) of the FW Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Pursuant to s.205A(2) of the FW Act, the workplace delegates’ rights term prescribed by the Dry Cleaning and Laundry Industry Award is taken to be a term of the Agreement.

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

·   Clause 6.3: Compassionate Leave

·   Clause 6.2.5: Carer’s Leave

1. However, noting clause 1.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The United Workers’ Union and the Construction, Forestry and Maritime Employees Union – Manufacturing Division being bargaining representatives for the Agreement, have each given notice under s 183 of the FW Act that they want the Agreement to cover them. In accordance with s 201(2) (and based on the declarations provided by the organisations), I note that the Agreement covers these organisations.

1. The Agreement is approved and, in accordance with s.54, will operate from 7 March 2025. The nominal expiry date of the Agreement is 1 November 2025.

COMMISSIONER

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Annexure A