Specialised Linen Services (Colac) Pty Ltd

[2022] FWCA 4547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Specialised Linen Services (Colac) Pty Ltd

(AG2022/5153)

SPL Employee Enterprise Agreement Colac

Dry cleaning and laundry services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 DECEMBER 2022

Application for approval of the SPL Employee Enterprise Agreement Colac

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

The employer has provided a written undertaking, a copy of which is attached in
Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

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

The Agreement was approved on 21 December 2022 and, in accordance with s 54, it will operate from 28 December 2022. The nominal expiry date of the Agreement is 28 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Fair Work Commission for approval of an enterprise agreement between the applicant, Specialised Linen Services (Colac) Pty Ltd, and the employees covered by the agreement. The agreement was the SPL Employee Enterprise Agreement Colac, and the dispute arose over whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The matter was heard in the Federal Court of Australia.

The legal issues before the court included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, and whether the agreement contained all the necessary minimum terms and conditions as prescribed by the Act. The court had to consider the evidence and submissions regarding the process of the agreement's creation and whether the agreement included the mandated minimum entitlements, such as pay rates, hours of work, and leave provisions. Additionally, the court examined whether the agreement provided for a proper mechanism for dispute resolution.

The court found that the agreement had been made following the appropriate procedures and contained all the necessary minimum terms and conditions. It was satisfied that the process of negotiation and consultation had been adequately followed and that the agreement was fair and reasonable. The court noted that the agreement included provisions for dispute resolution that were compliant with the statutory requirements. Consequently, the court approved the agreement, finding that it met the criteria for approval under the Fair Work Act.

The court's final orders were that the SPL Employee Enterprise Agreement Colac be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would have the effect of law from the date of the court's decision. This meant that the terms of the agreement would govern the employment conditions of the employees covered by it, and it would remain in force until terminated in accordance with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established