Specialised Linen Services (Brisbane) Pty Ltd

[2022] FWCA 3958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Specialised Linen Services (Brisbane) Pty Ltd

(AG2022/3777)

SPL Employee Enterprise Agreement Brisbane

Dry cleaning and laundry services
COMMISSIONER WILSON	MELBOURNE, 10 NOVEMBER 2022

Application for approval of the SPL Employee Enterprise Agreement Brisbane

An application has been made for approval of an enterprise agreement known as the SPL Employee Enterprise Agreement Brisbane (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Specialised Linen Services (Brisbane) Pty Ltd. The Agreement is a single enterprise agreement.

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, 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.

The Construction, Forestry, Maritime, Mining and Energy 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2022. The nominal expiry date of the Agreement is 17 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, Specialised Linen Services (Brisbane) Pty Ltd sought approval of the SPL Employee Enterprise Agreement Brisbane. The applicant, a linen services company, applied for the agreement to be made a Registered Agreement under the Fair Work Act 2009. The dispute centred on the procedural fairness and the adequacy of the agreement in terms of the legal requirements.

The legal issues before the court were whether the agreement had been made in accordance with procedural fairness and whether it met the statutory requirements for approval as a Registered Agreement. The applicant argued that the agreement had been developed through a process that was procedurally fair and that it contained all the necessary provisions to satisfy the legislative criteria.

The court considered the procedural fairness of the bargaining process and found that the applicant had taken steps to ensure that employees were adequately represented and informed. The court further examined the contents of the agreement against the legislative criteria and determined that it contained all the requisite provisions, including provisions for minimum wages and conditions, dispute resolution, and procedural fairness. The court concluded that the agreement was made in accordance with procedural fairness and met all statutory requirements for approval. As a result, the court granted the application for the agreement to be registered.

The final orders of the court were that the SPL Employee Enterprise Agreement Brisbane be registered as a Registered Agreement under the Fair Work Act 2009, effective from the date of registration. The agreement was to be registered on the Fair Work Commission's website and published in the Commonwealth Gazette.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established