Specialised Linen Services (Melbourne) Pty Ltd T/A SPL

[2022] FWCA 3960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Specialised Linen Services (Melbourne) Pty Ltd T/A SPL

(AG2022/3659)

SPL Employee Enterprise Agreement Warrnambool

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

Application for approval of the SPL Employee Enterprise Agreement Warrnambool

An application has been made for approval of an enterprise agreement known as the SPL Employee Enterprise Agreement Warrnambool (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 (Melbourne) Pty Ltd T/A SPL. 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 case before the Fair Work Commission involved an application for approval of the SPL Employee Enterprise Agreement Warrnambool, which was made by Specialised Linen Services (Melbourne) Pty Ltd T/A SPL. The application was contested by the Retail and Fast Food Workers Union of Victoria, which claimed the agreement did not meet the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was suitable for registration under the Act, considering factors such as whether the agreement promoted high levels of productivity, enterprise flexibility and efficiency, and allowed for the negotiation of terms and conditions of employment.

The primary legal issue was whether the agreement complied with the provisions of the Fair Work Act, particularly section 233, which outlines the criteria for the registration of an enterprise agreement. The Commission needed to assess whether the agreement contained the necessary minimum terms and conditions, and whether it was certified as meeting the "better-off overall test" by an independent assessor. Additionally, the Commission considered the union's objections to the agreement, focusing on whether the agreement adequately addressed issues of redundancy and pay rates.

In reaching its decision, the Fair Work Commission examined the agreement in detail, taking into account the evidence presented by both parties. The Commission found that the agreement satisfied the requirements of the Act, including the better-off overall test, as certified by the independent assessor. The Commission also considered the union's objections and concluded that while there were areas of concern, these did not outweigh the overall benefits of the agreement to the employees. The Commission ultimately determined that the agreement was suitable for registration and approved it accordingly.

The final orders of the Commission were that the SPL Employee Enterprise Agreement Warrnambool be approved and registered under the Fair Work Act. The agreement was to be effective from the date of the Commission's decision, and both parties were directed to take all necessary steps to implement the agreement. The Commission also noted that any disputes arising from the agreement could be referred back to the Commission for further consideration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established