Specialised Linen Services (Perth) Pty Ltd Summary

[2022] FWCA 3957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Specialised Linen Services (Perth) Pty Ltd

(AG2022/3621)

SPL Employee Enterprise Agreement Perth

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

Application for approval of the SPL Employee Enterprise Agreement Perth

An application has been made for approval of an enterprise agreement known as the SPL Employee Enterprise Agreement Perth (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 (Perth) 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, Martime, 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 Fair Work Commission, Specialised Linen Services (Perth) Pty Ltd sought approval of an Enterprise Agreement. The applicant is an employer and the respondents were various unions and individual employees. The dispute centred on the terms and conditions of employment set out in the proposed agreement, including pay rates, hours of work, and other employment conditions. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement was a "better off overall test" (BOOT) agreement, meaning that the employees were better off overall under the proposed agreement than they would be under the applicable award or safety net. This required a consideration of the financial implications of the proposed agreement, including any proposed changes to pay rates and conditions, and whether these changes were likely to improve the overall financial position of the employees. The Commission also needed to consider whether the agreement met other legal requirements, such as the need for proper consultation with employees and the availability of independent advice.

The Commission found that the proposed agreement met the BOOT requirement and was therefore approved. The Commission noted that the agreement provided for a range of improvements to pay rates and conditions for employees, and that these improvements were likely to result in a better overall financial position for the employees. The Commission also found that the agreement met all other legal requirements, including the need for proper consultation with employees and the availability of independent advice. The Commission approved the agreement, subject to certain conditions, including a requirement that the applicant provide certain information to employees and a requirement that the agreement be registered with the Australian Taxation Office.

Specialised Linen Services (Perth) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established