austlii:cth/FWCA/2025/4277
General information, not legal advice.
FWCA
2025-12-12
Original judgment source is linked above.
s.185 - Enterprise agreement
Ensign Services (Aust) Pty Ltd T/A Linen Services Australia/Ensign
ENSIGN SERVICES LINEN DRIVERS (WA) ENTERPRISE AGREEMENT 2025
Application for approval of the Ensign Services Linen Drivers (WA) Enterprise Agreement 2025
[1] Ensign Services (Aust) Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Ensign Services Linen Drivers (WA) Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
[2] The Applicant 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.
[3] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
[5] The Commission noted with the parties that there appeared to be drafting errors present in the copy of the Agreement filed for approval. The parties agreed to the proposed amendments of the Commission.
[6] Under section 218(2)(a) of the Act, the Commission can, of its own initiative, exercise its power to "vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form)". I am satisfied that the following are amendments to obvious errors, defects or irregulates and will be varied, effective 19 December 2025:
- Clause 4.1 - amended to read "The Agreement commencement date will be 7 days after the approval of the Agreement by the Fair Work Commission (the Commencement").
[7] The Transport Workers' Union of Australia (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
[8] The Agreement was approved on 12 December 2025 and, in accordance with s 54, will operate from 19 December 2025. The nominal expiry date of the Agreement is 31 August 2028.

Printed by authority of the Commonwealth Government Printer