[2023] FWCA 3448

FairWork
Commission
DECISION
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ensign Services (Aust) Pty Ltd T/A Linen Services Australia

(AG2023/3427)

DARRA LAUNDRY PRODUCTION ENTERPRISE AGREEMENT 2023

Dry cleaning and laundry services

COMMISSIONER DURHAM BRISBANE, 18 OCTOBER 2023

Application for approval of the Darra Laundry Production Enterprise Agreement 2023

[1] An application has been made for approval of an enterprise agreement known as the
Darra Laundry Production Enterprise Agreement 2023 (the Agreement). The Application was
made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ensign
Services (Aust) Pty Ltd T/A Linen Services Australia (the Applicant). The Agreement is a
single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this
application for approval have been met.

[3] The United Workers Union (UWU) lodged a Form F18 statutory declaration giving
notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with
s.201(2) of the Act, I note the Agreement covers the UWU.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act. The
nominal expiry date of the Agreement is 9 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521966 PR767363>

1
DARRA LAUNDRY PRODUCTION ENTERPRISE AGREEMENT 2023
1. TITLE
This Agreement shall be known as the Darra Laundry Production Enterprise Agreement 2023

2. ARRANGEMENT
This Agreement is arranged as follows:

1. TITLE .............................................................................................................................................. 1
3. DEFINITIONS ................................................................................................................................. 2
4. COVERAGE ................................................................................................................................... 2
5. DATE & PERIOD OF OPERATION ............................................................................................... 2
6. RELATIONSHIP WITH NES AND AWARD ................................................................................... 2
7. FLEXIBILITY .................................................................................................................................. 2
8. DISPUTES PROCEDURES ......................................................................................................... 3
9. CONSULTATION .......................................................................................................................... 4
10. NO EXTRA CLAIMS ....................................................................................................................... 6
11. LABOUR HIRE ............................................................................................................................... 6
12. HEALTH AND SAFETY .................................................................................................................. 7
13. EMPLOYMENT DEFINITIONS....................................................................................................... 8
14. WAGES ........................................................................................................................................ 11
15. HOURS OF WORK....................................................................................................................... 11
16. OVERTIME, PENALTY RATES AND SHIFTWORK.................................................................... 12
18. LEAVE .......................................................................................................................................... 12
19. CONSULTATIVE COMMITTEE ................................................................................................... 13
20. UNION DELEGATES TRAINING LEAVE .................................................................................... 13
21. UNION RECOGNITION AND UNION MEMBERSHIP................................................................. 13
22. DIRECT DEBIT DETAILS ............................................................................................................. 14
23. NEGOTIATION OF SUBSEQUENT AGREEMENT ..................................................................... 14
SCHEDULE A – Classifications and wages ........................................................................................ 15
SIGNATORIES ..................................................................................................................................... 16

Page 19 of 26
3. DEFINITIONS
In this Agreement:

"Act" means Fair Work Act 2009 (Cth) (as amended or replaced from time to time)

"Employer" means Ensign Services (Aust) Pty Limited of Source Governance, Level 33, 360
Collins Street Melbourne in the State of Victoria ACN 006 254 306

"Union" means United Workers Union.

Award" means the Dry Cleaning and Laundry Industry Award 2020.

"Employee" means any individual employed in the classifications set out in Attachment A
to this Agreement located at Darra Laundry, located at 2666 Ipswich Road, Darra.

"A permanent employee" means a Full time or Part time employee.

"Mutual consent" means that a position of agreement has been reached between the
Employer and the Employee.

"NES" means the National Employment Standards as contained in the Act (as
amended or replaced from time to time)

4. COVERAGE

This Agreement will cover:

4.1 Employees as defined in Clause 3 above.

4.2 The Employer; and
4.3 Any employee organisation that is covered by the Agreement pursuant to section 53 of the
Act.

5. DATE & PERIOD OF OPERATION

This Agreement shall operate seven days after the date it is approved by the Fair Work
Commission.

This Agreement shall operate for three years and have a nominal expiry date of 9 October 2026.

6. RELATIONSHIP WITH NES AND AWARD

6.1 This Agreement will be read and interpreted in conjunction with the National Employment
Standards (NES). Where there is an inconsistency between this agreement and the NES, and the
NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

6.2 This agreement shall incorporate and be read and interpreted wholly in conjunction with the
Award provided that where there is any inconsistency between the Award and the Agreement,
the Agreement shall prevail to the extent of the inconsistency.

7. FLEXIBILITY

7.1 The Company and an employee can agree to make an individual flexibility arrangement
to vary the effect of the following terms of this agreement:

7.1.1 Arrangements about when work is performed

7.1.2 Overtime rates
7.1.3 Penalty rates
7.1.4 Allowances
Page 19 of 26
7.1.5 Leave loading

7.2 The arrangement meets the genuine needs of the employer and employee in
relation to one or more of the matters mentioned in sub-clause 7.1.

7.3 The arrangement is genuinely agreed to by the employer and employee.

7.4 The Company will ensure that the terms of the individual flexibility arrangement are
about permitted matters under section 172 of the Fair Work Act 2009 as varied from time to
time, are not unlawful terms under section 194 of the Fair Work Act 2009 as varied from
time to time and result in the employee being better off than the employee would be if no
arrangement was made.

7.5 The individual flexibility arrangement must:

7.5.1 Be in writing; and

7.5.2 Include the name of the Company and employee; and
7.5.3 Be signed by the Company and the employee and if the employee is under 18 years
of age, signed by a parent or guardian of the employee; and
7.5.4 Include details of the terms of the enterprise agreement that will be varied by the
arrangement, how the arrangement will vary the effect of the terms and how the employee
will be better off overall in relation to the terms and conditions of his or her employment as
a result of the arrangement; and
7.5.5 State the day on which the arrangement commences.

7.6 The Company must give the employee a copy of the individual flexibilityarrangement
within 14 days after it is agreed to.

7.7 The Company and the employee may terminate the individual flexibility arrangement
by giving no more than 28 days written notice to the other party to the arrangement or if
the employer and employee agree in writing, at any time.

7.8 All clauses not identified above shall be subject to the no further claims provision as
contained within this agreement.

8. DISPUTES PROCEDURES

8.1 If a dispute relates to:

8.1.1 A matter arising under the agreement; or

8.1.2 the National Employment Standards;
this term sets out procedures to settle the dispute.

8.2 An employee who is a party to the dispute may appoint a representative for the purposes of
the procedures in this term.

8.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace
level, by discussions between the employee or employees and relevant supervisors and/or
management.

8.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may
refer the matter to the Fair Work Commission.

8.5 The Fair Work Commission may deal with the dispute in 2 stages:

8.5.1 The Fair Work Commission will first attempt to resolve the dispute as it considers
appropriate, including by mediation, conciliation, expressing an opinion or making a
Page 19 of 26
recommendation; and

8.5.2 If the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work
Commission may then:
8.5.2.1 Arbitrate the dispute; and
8.5.2.2 Make a determination that is binding on the parties.

Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available
to it under the Act.
A decision the Fair Work Commission makes when arbitrating a dispute is a decision for the
purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.

8.6 While the parties are trying to resolve the dispute using the procedures in this term:

8.6.1 An employee must continue to perform his or her work as he or she would normally unless
he or she has a reasonable concern about an imminent risk to his or her health or safety; and
8.6.2 An employee must comply with a direction given by the employer to perform other available
work at the same workplace, or at another workplace, unless:
8.6.2.1 the work is not safe; or
8.6.2.2 applicable occupational health and safety legislation would not permit the work to be
performed; or
8.6.2.3 the work is not appropriate for the employee to perform; or
8.6.2.4 there are other reasonable grounds for the employee to refuse to comply with the direction.

8.7 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission
in accordance with this term.

9. CONSULTATION
9.1 This term applies if the employer:

9.1.1 Has made a definite decision to introduce a major change to production, program,
organisation, structure, or technology in relation to its enterprise that is likely to have a significant
effect on the employees; or

9.1.2 Proposes to introduce a change to the regular roster or ordinary hours of work of employees.

Major change

9.2 For a major change referred to in paragraph 9.1.1:

9.2.1 the employer must notify the relevant employees of the decision to introduce the major
change; and

9.2.2 subclauses 9.3 to 9.9 apply.

9.3 The relevant employees may appoint a representative for the purposes of the procedures in
this term.

9.4 If:

9.4.1 a relevant employee appoints, or relevant employees appoint, a representative for the
purposes of consultation; and

9.4.2 the employee or employees advise the employer of the identity of the representative;

the employer must recognise the representative.

Page 19 of 26
9.5 As soon as practicable after making its decision, the employer must:

9.5.1 discuss with the relevant employees:

9.5.1.1 the introduction of the change; and

9.5.1.2 the effect the change is likely to have on the employees; and

9.5.1.3 measures the employer is taking to avert or mitigate the adverse effect of the change on
the employees; and

9.5.2 for the purposes of the discussion—provide, in writing, to the relevant employees:

9.5.2.1 all relevant information about the change including the nature of the change proposed; and

9.5.2.2 information about the expected effects of the change on the employees; and

9.5.2.3 any other matters likely to affect the employees.

9.6 However, the employer is not required to disclose confidential or commercially sensitive
information to the relevant employees.

9.7 The employer must give prompt and genuine consideration to matters raised about the major
change by the relevant employees.

9.8 If a term in this agreement provides for a major change to production, program, organisation,
structure, or technology in relation to the enterprise of the employer, the requirements set out in
paragraph (2)(a) and subclauses (3) and (5) are taken not to apply.

9.9 In this term, a major change is likely to have a significant effect on employees if it results in:

9.9.1 the termination of the employment of employees; or

9.9.2 major change to the composition, operation or size of the employer’s workforce or to the
skills required of employees; or

9.9.3 the elimination or diminution of job opportunities (including opportunities for promotion or
tenure); or

9.9.4 the alteration of hours of work; or

9.9.5 the need to retrain employees; or

9.5.6 the need to relocate employees to another workplace; or

9.5.7 the restructuring of jobs.

Change to regular roster or ordinary hours of work

9.10 For a change referred to in paragraph 9.1.2:

9.10.1 the employer must notify the relevant employees of the proposed change; and

9.10.2 subclauses 9.11 to 9.15 apply.

9.11 The relevant employees may appoint a representative for the purposes of the procedures in
this term.
Page 19 of 26
9.12 If:

9.12.1 a relevant employee appoints, or relevant employees appoint, a representative for the
purposes of consultation; and

9.12.2 the employee or employees advise the employer of the identity of the representative;

the employer must recognise the representative.

9.13 As soon as practicable after proposing to introduce the change, the employer must:

9.13.1 discuss with the relevant employees the introduction of the change; and

9.13.2 for the purposes of the discussion—provide to the relevant employees:

9.13.2.1 all relevant information about the change, including the nature of the change; and

9.13.2.2 information about what the employer reasonably believes will be the effects of the change
on the employees; and

9.13.2.3 information about any other matters that the employer reasonably believes are likely to
affect the employees; and

9.13.2.4 invite the relevant employees to give their views about the impact of the change
(including any impact in relation to their family or caring responsibilities).

9.14 However, the employer is not required to disclose confidential or commercially sensitive
information to the relevant employees.

9.15 The employer must give prompt and genuine consideration to matters raised about the
change by the relevant employees.

9.16 In this term:

relevant employees means the employees who may be affected by a change referred to in
subclause 9.1.

10. NO EXTRA CLAIMS

The parties agree and undertake that during the period which this Agreement operates there will
be no further claims on wages, conditions, or benefits.

This shall include any claims arising from Award test cases or safety net adjustments other than
those specifically mentioned in this Agreement.

11. LABOUR HIRE

11.1 The employer will use its best endeavours to ensure all casual labour hire employees
engaged to work at the Darra Laundry will receive no less than the wages and conditions
contained within this Agreement.

11.2 The employer will include the following clause in commercial contracts with labour hire
providers.

Page 19 of 26
Labor hire employees engaged by [Contractor/Labor Hire Company Name] to perform laundry
worker roles for Ensign Services Pty Ltd shall be compensated at a rate of pay that is equal to that
contained in the Darra Laundry Production Enterprise Agreement 2023.

12. HEALTH AND SAFETY

12.1 The employer is committed to promoting a safe and healthy workplace for all employees. It is
the aim of this Agreement that all parties actively support and adhere to the relevant legislative
requirements and the details of the company’s Work Health and Safety policy, which is available
upon request. This extends to reporting incidents and management of health and safety letters.

12.2 All parties agree to work together to increase the standard of safety within the workplace.

12.3 Heat stress

12.3.1 To ensure risks associated with working in high heat conditions (attributable to process heat
and/or hot weather) are minimised through effective risk management practices.

12.3.2 SafeWork Queensland recommendations and guidelines

The Employer will follow all relevant SafeWork QLD recommendations and guidelines in the
management of Heat Stress where reasonably practicable.

12.3.3 Assessing the Risk of Heat Illness

A risk assessment will be completed where there is the threat of heat illness occurring in the
workplace and in consultation with workers and their representatives. Risk assessments will be
carried out by Team Leaders and local WHS representatives.

Recommendations arising from the risk assessments will be implemented where reasonably
practicable.

12.3.3.1 Rehydration
At all times, the Employer shall provide cool, clean, palatable water to alleviate the effects of heat
discomfort.

12.3.3.2 Ventilation and Cooling

The Employer shall provide, where practical, natural, and mechanical ventilation, fans, and cooling
to minimise the effects of excessive heat.
Mechanical ventilation, air-conditioning, fans, and similar are to be serviced regularly to ensure
optimal performance.

12.3.3.3 Heat Break

Where the temperature inside the operational areas of the laundry exceeds 35 degrees Celsius,
employees shall be entitled to an additional 10-minute rest break every 1.5 hours, in addition to
their main break period.

The Employer shall also provide easily accessible, air-conditioned rest / cool down areas for all
staff during rest breaks.

12.3.3.4 Reschedule Work

The Employer shall where practicable re-schedule work or tasks to cooler times of the day, which
may include an early start to be negotiated with Work Groups.

12.3.3.5 Other Provisions shall include:

The following additional controls will also be applied following consultation between the local
management and WHS Representatives in consultation with the workers:

12.3.3.5.1 Education and training for supervisors and workers to observe workers for signs of heat
Page 19 of 26
stress.

12.3.3.5.2 The additional rotation of employees through hot areas, to reduce exposure to heat.

12.3.3.5.3 The facilitation of staff undertaking “self- paced” work.

12.3.3.5.4 Hourly monitoring by Team Leader and WHS Rep to ensuring that workers are taking
their required breaks.

12.3.3.5.5 The provision of cotton T-shirt to assist with body temperature comfort levels.

12.3.3.5.6 The provision of neck ties, with a cool gel agent or iced water.

12.3.3.5.7 The provision of frozen icy poles/ hydrolytes drinks to assist with hydration.

12.3.3.5.8 The provision of additional pedestal or fixed fans to assist with additional air movement
and cooling.

12.3.3.5.9 The provision of portable evaporative air-conditioning units where appropriate and
available.

12.3.3.5.10 At the discretion of the local management additional rest periods shall be provided to
staff based upon their specific health conditions, or due to their exposure to excessive heat
conditions.

13. EMPLOYMENT DEFINITIONS

13.1 Employees under Agreement will be employed in one of the following categories:
13.1.1 Full-time employment;
13.1.2 Part-time employment; or
13.1.3 Casual employment.

13.2 At the time of engagement an employer must inform each employee in writing of the terms of
their engagement and in particular whether they are to be full-time, part-time or casual. This will
then be recorded in the time and wages record of the employee.

13.3 Full-time employees

13.3.1 A full-time employee is engaged to work 38 ordinary hours per week.

13.3.2 Unless otherwise specified in the Agreement, any employee not specifically engaged as
being a part-time or casual employee is for all purposes of this Agreement a full-time employee.

13.4 Part-time employees

13.4.1 A part-time employee:

13.4.1.1 is engaged to work less than full-time hours of 38 ordinary hours per week;
13.4.1.2 has reasonably predictable hours of work; and
13.4.1.3 receives, on a pro rata basis, equivalent pay, and conditions to those of full-time
employees who do the same kind of work.

13.4.2 At the time of engagement the employer and the part-time employee will agree in writing on
a regular pattern of work, specifying at least the hours worked each day, which days of the week
the employee will work and the actual starting and finishing times each day.

13.4.3 Any agreed variation to the hours of work will be in writing and paid at ordinary time.
Page 19 of 26
13.4.4 A part-time employee must be engaged for a minimum of 3 consecutive hours per start
including if called in for a separate engagement for overtime.

13.4.5 All time worked in excess of the hours agreed under clause 13.4.2 or varied under
clause 13.4.3 will be overtime and paid for at the rates prescribed in 16 —Overtime, Penalties and
Shift work.

13.4.6 A part-time employee under the provisions of clause 13.4 must be paid for each ordinary
hour worked at the minimum hourly rate prescribed for the appropriate classification.

13.5 Casual employees

13.5.1 The employment of a casual employee may be terminated with one hour’s notice by either
the employer or the employee.

13.5.2 A casual employee must be paid at the minimum hourly rate prescribed for the appropriate
classification plus a loading of 25% for all hours worked.

13.5.3 The casual loading is paid instead of annual leave, paid personal/carer’s leave, notice of
termination, redundancy benefits and the other attributes of full-time or part-time employment
provided for in this Agreement.

13.5.4 A casual employee must be paid for a minimum of 3 hours for each start on any day.

13.5.5 Where a casual employee works in excess of 38 ordinary hours per week, overtime will be
paid.

13.5.5.1 Notwithstanding any other clause in this Agreement for the purpose of calculating overtime,
each day of work stands alone. Overtime rates will be paid after 7.6 hours of ordinary hours worked
each day, between Monday – Friday for a day worker; and after 10 hours of ordinary hours worked
each day for a shift worker.

13.5.6 Where a casual works a weekend shift, they will be paid the applicable shift penalty unless
they have worked in excess of 38 hours and clause 13.5.5 will apply.

13.6 Offers and requests for casual conversion.

13.6.1 A person engaged by the Employer as a regular casual employee may request that their
employment be converted to full-time or part-time employment.

13.6.1.1 A regular casual employee is a casual employee who has in the preceding period of 6
months worked a pattern of hours on an ongoing basis which, without significant adjustment, the
employee could continue to perform as a full-time employee or part-time employee under the
provisions of this award.

13.6.1.2 A regular casual employee who has worked equivalent full-time hours over the
preceding period of 6 months’ casual employment, may request to have their employment
converted to full-time employment.

13.6.1.3 Any requests under clause 13.6.1 must be in writing and provided to the employer.

13.6.2 Where a regular casual employee seeks to convert to full-time or part-time employment, the
employer may agree to or refuse the request, but the request may only be refused on reasonable
grounds and after there has been consultation with the employee.

13.6.3 Reasonable grounds for refusal include that:

Page 19 of 26
13.6.3.1 it would require a significant adjustment to the casual employee’s hours of work in order
for the employee to be engaged as a full-time or part-time employee in accordance with the
provisions of this Agreement – that is, the casual employee is not truly a regular casual employee
as defined in clause 13.6.1.1;

13.6.1.2 it is known or reasonably foreseeable that the regular casual employee’s position will
cease to exist within the next 12 months;

13.6.3.3 it is known or reasonably foreseeable that the hours of work which the regular casual
employee is required to perform will be significantly reduced in the next 12 months; or

13.6.3.4 it is known or reasonably foreseeable that there will be a significant change in the days
and/or times at which the employee’s hours of work are required to be performed in the next 12
months which cannot be accommodated within the days and/or hours during which the employee
is available to work.

13.6.3.5 For any ground of refusal to be reasonable, it must be based on facts which are known or
reasonably foreseeable.

13.6.4 Where the Employer refuses a regular casual employee’s request to convert, the Employer
must provide the casual employee with the Employer’s reasons for refusal in writing within 21 days
of the request being made. If the employee does not accept the Employer’s refusal, this will
constitute a dispute that will be dealt with under the dispute resolution procedure in clause 8.
Under that procedure, the employee or the employer may refer the matter to the Fair Work
Commission if the dispute cannot be resolved at the workplace level.

13.6.5 Where it is agreed that a casual employee will have their employment converted to full-time
or part-time employment, the employer and employee must discuss and record in writing: the form
of employment to which the employee will convert – that is, full-time or part-time employment; and

13.6.5.1 if is agreed the employee will become a part-time employee, the employee’s hours of
work will be documented and provided to them.

13.6.5.2 conversion will take effect from the start of the next pay cycle following such agreement
being reached unless otherwise agreed.

13.6.5.3 Once a casual employee has converted to full-time or part-time employment, the
employee may only revert to casual employment with the written agreement of the employer.

13.6.5.4 Once a casual employee has converted to full-time or part-time employment, the
employee may only revert to casual employment with the written agreement of the employer.

13.6.6 A casual employee must not be engaged and re-engaged (which includes a refusal to re-
engage), or have their hours reduced or varied, in order to avoid any right or obligation under this
clause.

13.6.7 Nothing in this clause obliges a regular casual employee to convert to full-time or part-time
employment, nor permits the employer to require a regular casual employee to so convert.

13.6.8 Nothing in this clause requires an employer to increase the hours of a regular casual
employee seeking conversion to full-time or part-time employment.

13.6.9 The employer must provide a casual employee, whether a regular casual employee or not,
with a copy of the provisions of this clause within the first 6 months of the employee’s first
engagement to perform work.

Page 19 of 26
13.6.10 A casual employee’s right to request to convert is not affected if the employer fails to
comply with the notice requirements in clause 13.6.9.

13.7 Employer offer of casual conversion

13.7.1 The employer will make a written offer to convert their casual employee to permanent
employment within 21 days after the employee’s 6-month anniversary if the employee:

13.7.1.1 Has been employed by the employer for 6 months;

13.7.1.2 Has worked a regular pattern of hours on an ongoing basis for at least the last 6 months;
and
13.7.1.3 Could continue working these hours as a full-time or part-time employee without
significant change.

13.6.1 The only reasons for the employer not making an offer are outlined in Clause 13.6.3

14. WAGES
Refer to Schedule A.

15. HOURS OF WORK

15.1 The hours of work for laundry workers will be in accordance with the provisions contained
within the Award.

15.2 Proposed changes to the ordinary hours of work and working arrangements will be discussed
by the Consultative Committee and any changes made will be by agreement between the
employer and the majority of employees within the section concerned.

15.3 Breaks

15.3.1 An employee will be entitled to an unpaid meal break of at least 30 minutes per day or shift.
The break must be taken not later than 5 hours after starting work.

15.3.2 Where an employer requires an employee to work during their meal break, the period
worked will be treated as time worked and paid at 150% of the minimum hourly rate until released
for the meal.

15.3.3 An employee who is required to work more than one and a half hours overtime will be
entitled to a meal break of at least 20 minutes. This break will be paid at ordinary rates of pay and
will be taken at a time agreed to between the employee and employer.

15.3.4 An employee will be entitled to a paid rest break of 15 minutes each day worked. The rest
break will count as time worked and will be taken at times agreed between the employer and the
majority of employees.

15.4 Change time

15.4.1 Employees are provided paid time to change into their uniforms of 5 minutes.

15.4.2 Employees clock on prior to changing into their work uniform for the shift.

15.4.3 Employees change out of their uniform prior to clocking off for their shift.

Page 19 of 26
16. OVERTIME, PENALTY RATES AND SHIFTWORK

16.1 All work performed by an employee outside of and/or in excess of their ordinary hours will be
paid for at 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly
rate thereafter.

16.2 Any work in excess of 38 hours per week performed on a Saturday will be remunerated at the
rate of time and one half for the first three (3) hours and double time thereafter.

16.3 Any work performed on a Sunday will be remunerated at the rate of double time for all hours
worked.

16.4 Any work performed on a Public Holiday will be remunerated at the rate of double time and a
half for all time worked.

16.5 Shiftwork

16.5.1 Morning shift—laundry means a shift commencing before 6.00 am.

16.5.2 Afternoon shift means a shift finishing after 6.00 pm and at or before midnight.
16.5.3 Night shift means a shift finishing after midnight and at or before 8.00 am.

16.5 In the case of casual employees, the above penalties will be paid in addition to the casual
loading.

16.6 Notwithstanding clause 26.3 of the Award, a shift worker means an employee who works an
afternoon shift and/or night shift whether alternating with day work or not. Such an employee is a
shift worker for the purposes of the NES.

16.7 An employee who works shiftwork must be paid 115% of the minimum hourly rate prescribed
for the appropriate classification for each hour worked during a morning, afternoon, or night shift.

16.8 An employee who works on a night shift which does not alternate with another shift or day
work must be paid for each hour worked 130% of the minimum hourly rate prescribed for the
appropriate classification.

17. SEVERANCE PAY

An employee whose employment is terminated by reason of redundancy is entitled toseverance

pay in accordance with National Employment Standards (NES).

18. LEAVE

The following leave provisions shall be paid as per the NES or Award:

18.1 Annual leave

18.2 Personal leave
18.3 Unpaid Carer's leave
18.4 Long Service Leave
18.5 Compassionate leave
18.6 Parental Leave
18.7 Blood Donor's leave
18.8 Jury Service leave
18.9 Domestic Violence Leave
Page 19 of 26
19. CONSULTATIVE COMMITTEE

19.1 The parties agree to establish and maintain a consultative committee to assist the parties
to improve productivity, efficiency and to provide for the effective involvement of employees
in the decision-making processes. The Committee will consist of an equal number of employer
- employee representatives.

19.2 The Consultative Committee is will support pro-active two-way communication between
management and employees in relation to workplace issues that affect the operation of work,
health and safety and workplace harmony. The Consultative Committee will meet a minimum of
four (4) times per year to a maximum of six (6) times per year.

19.2.1 Use of Annual leave provisions for emergency leave

19.2.2 Multi-skilling

19.2.3 Training

19.2.4 Foul linen handling

19.2.5 Physical Environment

19.2.6 Task Rotation Process

19.3 Employee representatives on the Committee will have adequate time and access to
the persons they represent:

19.3.1 prior to the Committee meetings to prepare for agenda items

19.3.2 following Committee meetings members to report back, when necessary, on issues
discussed.

20. UNION DELEGATES TRAINING LEAVE

20.1 Each employee elected to perform the role of Union delegate and who is covered by this
Agreement and nominated by the Union shall be allowed to participate in paid training to
attend Trade Union courses conducted or approved by the Australian Council of Trade
Unions (ACTU) or the Union. There will be a pool of 10 days paid leave available to the
group of union delegates per annum.

20.2 The Union will give the Employer a minimum of 14 days notice in writing of its
intention to hold delegate training and the Employer will respond within 7 days to the Union
as to whether it accepts or rejects the request. The Employer will not unreasonably reject
the request except in circumstances where, in the opinion of the Employer customer
and/or operational requirements will be adversely affected.

21. UNION RECOGNITION AND UNION MEMBERSHIP

21.1 The employer recognises that individuals have the right to become members of the Union.
Accordingly, the employer provides the facility for Union dues to be deducted on behalf of
individuals who have explicitly so requested in writing.

22.2 The employer agrees that an authorised Union representative of the Union is entitled to enter
the Company's premises, in accordance with the Act for the purposes of consulting with its
members:

Page 19 of 26
22.2.1 in a manner which does not interfere unreasonably with the employer's business; and

22.2.2 by providing to the employer reasonable notice; and

22.2.3 upon prior arrangement with management

22.3 The employer recognises the elected Union Delegates as a proper representative of the
members in our workplace and will afford them respect. Union Delegates will be allowed
reasonable time off work without loss of pay during working hours to conduct Union business on
site at agreed times. This includes attendance at the monthly Union Delegate meeting. In addition,
the employer will provide to the Union Delegates collectively lockable filing cabinet, access to
communication and information resources including email, photocopying etc. and a separate room
for the purposes of interviewing members, storage of material and the like.

Matters raised by Union Delegates with management will be dealt with expeditiously. Management
will not unreasonably interfere with the Union Delegates ability to undertake their duties.

24.5 The employer will facilitate a 15 minute meeting between a Union Delegate, Union Official
and a new employee or employees on the induction of that employee or those employees on a
monthly basis, for the purposes of the employees being given information about the union and the
role of the union in the workplace. This clause applies only to employees who are directly
employed by Ensign Services.

24.6 Any right of entry to the premises conferred by clause 29 of the Agreement which involves
entry for a purpose referred to in section 484 of the Fair Work Act will be in accordance with the
requirements of Part 3-4 of Chapter 3 of the Fair Work Act. To the extent that there are any
inconsistencies with clause 29 and the Fair Work Act, the provisions of the Act will apply.

22. DIRECT DEBIT DETAILS

Where an employee provides to the employer written authority authorising disclosure of their
bank account number(s) and BSB number(s) to United Workers Union, the employer will,
within 7 days of receiving such authority, provide in writing to United Workers Union the
employee's bank account number(s} and BSB number(s).

23. NEGOTIATION OF SUBSEQUENT AGREEMENT

23.1 The parties agree to commence negotiations for a new Agreement to succeed this
Agreement at least six (6) months prior to the nominal expiry date specified in Clause 5 Date &
Period of Operation. It is intended that negotiations will be concluded prior to the nominal expiry
date.

23.2 Should negotiations not be finalised prior to the nominal expiry date of this Agreement,
existing rates of pay and conditions will continue to be observed for all employees in accordance
with the requirements of the FWA.

Page 19 of 26
 SCHEDULE A – Classifications and wages

A1. CLASSIFICATIONS AND WAGES

A1.1 Schedule of Wage Rates

The following wage rates will apply from the first full pay period following approval of the Agreement by the Fair Work Commission, and
annually thereafter, as specified in each column below:

Year 1 Year 2 Year 3

Payable first full pay period after
Agreement is approved by Fair
Work Commission (2.2%) Payable first full pay period after 1 July 2024 Payable first full pay period after 1 July 2024
Year 1 + minimum award rate percentage increase as Year 2 + minimum award rate percentage increase
Laundry Worker 1 23.41 per Fair Work Commission as per Fair Work Commission
Year 1 + minimum award rate percentage increase as Year 2 + minimum award rate percentage increase
Laundry Worker 2 24.22 per Fair Work Commission as per Fair Work Commission
Year 1 + minimum award rate percentage increase as Year 2 + minimum award rate percentage increase
Laundry Worker 3 25.18 per Fair Work Commission as per Fair Work Commission
Year 1 + minimum award rate percentage increase as Year 2 + minimum award rate percentage increase
Laundry Worker 4 25.83 per Fair Work Commission as per Fair Work Commission

A1.2. ALLOWANCES

Year 1 Year 2 Year 3

Payable first full pay period after
Agreement is approved by Fair
Work Commission (2.2%) Payable first full pay period after 1 July 2024 Payable first full pay period after 1 July 2024
$0.52 per hour up to a maximum of Year 1 + minimum award rate percentage increase as Year 2 + minimum award rate percentage increase
Disability Allowance $19.93 per week per Fair Work Commission as per Fair Work Commission
$0.53 per hour up to a maximum of Year 1 + minimum award rate percentage increase as Year 2 + minimum award rate percentage increase
First Aid Allowance $20.34 per week per Fair Work Commission as per Fair Work Commission
Year 1 + minimum award rate percentage increase as Year 2 + minimum award rate percentage increase
Meal Allowance 12.27 per Fair Work Commission as per Fair Work Commission

Page 21 of26
 SIGNATORIES

SIGNED ON BEHALF OF ENSIGN SERVICES (AUST) PTY LIMITED

Name - 100-112 Leakes Road , Truganina, Vic 3029

Title
Signature
Date 2. .
Witness Name
Witness Signature tJ I c.ol-e ~Q ,-,J-a..

SIGNED ON BEHALF OF UNITED WORKERS UNION

Name Godfrey Moase - 833 Bourke Street, Docklands Vic 3008

Title Director
Signature
Date 26/09/2023
Witness Name Jenny Burgoyne
Witness Signature