Specialised Linen Services (Adelaide) Pty Ltd Summary

[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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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

In this case, the applicant, Specialised Linen Services (Adelaide) Pty Ltd, sought approval of the SPL Employee Enterprise Agreement Adelaide. The respondent, the Australian Manufacturing Workers' Union, contested the application. The matter was heard in the Fair Work Commission. The central issue was whether the applicant had met the statutory requirements for approving the enterprise agreement. The applicant argued that the agreement was fair and reasonable, while the respondent contended that it did not comply with certain legal standards.

The Commission examined the process through which the agreement was formed and whether it adhered to the Fair Work Act 2009. It considered the fairness of the agreement and whether it contained the necessary provisions. The Commission assessed whether the agreement met the "better off overall test" and the "genuine agreement test". The Commission found that the agreement was genuinely agreed upon and that it was fair and reasonable. The Commission also determined that the agreement met the statutory requirements and was in compliance with the Act.

In light of the findings, the Commission approved the SPL Employee Enterprise Agreement Adelaide. The Commission noted that the agreement was a fair and reasonable one, meeting all statutory requirements. The Commission concluded that the agreement was not only fairly negotiated but also beneficial to the employees as it met the better off overall test. The final orders confirmed the approval of the agreement, subject to any necessary amendments to ensure full compliance with the Fair Work Act 2009.

Specialised Linen Services (Adelaide) Pty Ltd

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Background to the litigation

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Legal Principle Established