DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for The Light Industries Trust T/A Sunfresh Linen
(AG2017/2285)

SUNFRESH HEALTH ENTERPRISE AGREEMENT 2017

Dry cleaning and laundry services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JULY 2017

Application for approval of the Sunfresh Health Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sunfresh Health Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for The Light Industries Trust T/A Sunfresh Linen. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 26 July 2017 and, in accordance with s.54, will operate from 2 August 2017. The nominal expiry date of the Agreement is 26 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, The Trustee for The Light Industries Trust, trading as Sunfresh Linen, sought approval for the Sunfresh Health Enterprise Agreement 2017. The respondent, Health Services Union of Australia, opposed the application on various grounds, primarily related to the terms of the proposed agreement, which they argued were not fair and reasonable.

The key legal issues before the Commission were whether the terms of the Sunfresh Health Enterprise Agreement 2017 met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely negotiated, if it contained the necessary safety net protections, and if it adhered to the principles of good faith bargaining and industrial fairness.

The Commission found that the agreement was genuinely negotiated and contained adequate safety net protections. It also concluded that the principles of good faith bargaining and industrial fairness were upheld. The Commission rejected the respondent's argument that certain provisions of the agreement were unfair, finding that the provisions were necessary for the proper management of the workplace and were not overly restrictive. Consequently, the Commission approved the agreement.

As a result of the Commission's decision, the Sunfresh Health Enterprise Agreement 2017 was approved and came into effect. This decision provided clarity for the parties involved and established a framework for future negotiations within the industry.

The Trustee for The Light Industries Trust T/A Sunfresh Linen

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established