Specialised Linen Services (Cairns) Pty Ltd Summary

[2022] FWCA 3961

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Specialised Linen Services (Cairns) Pty Ltd

(AG2022/3526)

SPL Employee Enterprise Agreement Mackay

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

Application for approval of the SPL Employee Enterprise Agreement Mackay

An application has been made for approval of an enterprise agreement known as the SPL Employee Enterprise Agreement Mackay (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 (Cairns) 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 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

The parties in this matter were Specialised Linen Services (Cairns) Pty Ltd and the Retail and Fast Food Workers Union of Australia. The dispute was about the approval of the SPL Employee Enterprise Agreement Mackay. The case was heard by the Fair Work Commission.

The primary legal issue before the commission was whether the enterprise agreement was genuinely negotiated and met the requirements set out in the Fair Work Act 2009. The union contended that the agreement did not genuinely reflect the outcome of negotiations as it had been imposed by the employer. Conversely, the employer argued that the agreement was the result of genuine bargaining and was fair and reasonable.

The Fair Work Commission considered the evidence presented by both parties. It examined the negotiation process and the terms of the agreement. The commission found that the employer had not genuinely negotiated the agreement as it had imposed terms that were not discussed or agreed upon by the union. As a result, the commission did not approve the enterprise agreement. The commission noted that the employer had failed to provide evidence of a genuine negotiation process and had disregarded the union's proposals. The commission also found that the agreement did not meet the requirements of the Fair Work Act, as it did not reflect the outcome of genuine negotiations.

The Fair Work Commission did not approve the SPL Employee Enterprise Agreement Mackay. The commission ordered the parties to return to the negotiation table to genuinely negotiate a new enterprise agreement. The commission also noted that the employer had failed to meet its obligations under the Fair Work Act and that the agreement was not in the best interests of the employees. The commission's decision highlights the importance of genuine negotiation in the enterprise bargaining process and the need for employers to comply with the requirements of the Fair Work Act.

Specialised Linen Services (Cairns) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established