austlii:cth/FWCA/2025/4095
General information, not legal advice.
FWCA
2025-12-03
Original judgment source is linked above.
s.185 - Enterprise agreement
Ensign Services (Aust) Pty Ltd Trading AS Ensign And Linen Services Australia
ENSIGN DANDENONG MAINTENANCE ENTERPRISE AGREEMENT 2025
Application for approval of the Ensign Dandenong Maintenance Enterprise Agreement 2025
[1] Ensign Services (Aust) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Ensign Dandenong Maintenance Enterprise Agreement 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.
[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):
[4] However, noting clause 4(3) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Agreement content page did not contain all of the clauses contained in the body of the Agreement. The Employer has provided an updated copy of the Agreement which corrects this error. I am satisfied that this constituted an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the FW Act.
[6] The AMWU being a bargaining representative for the Agreement, has given notice under s 183 of the FW 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 Agreement covers the organisation.
[7] The Agreement is approved and, in accordance with s.54, will operate from 10 December 2025. The nominal expiry date of the Agreement is 30 August 2025.

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