DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civica BPO Pty Ltd
(AG2019/3588)

FINES AND ENFORCEMENT SERVICES (FES) CIVICA BUSINESS SERVICES AGREEMENT BANDS 1-4 2019

Clerical industry
COMMISSIONER WILLIAMS	PERTH, 24 OCTOBER 2019

Application for approval of the Fines and Enforcement Services (FES) Civica Business Services Agreement Bands 1-4 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fines and Enforcement Services (FES) Civica Business Services Agreement Bands 1-4 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civica BPO Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Australian Municipal, Administrative, Clerical and Services 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2019. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civica BPO Pty Ltd recently had an application for approval of the Fines and Enforcement Services (FES) Civica Business Services Agreement Bands 1-4 2019 before the Australian Competition Tribunal. The application was brought by the Commonwealth Attorney-General's Department, which operates the FES, seeking approval for the agreement with Civica BPO. The legal issues before the tribunal involved whether the proposed agreement was fair, reasonable, and in the public interest, in line with the Australian Competition and Consumer Commission Act 2010.

The tribunal evaluated the agreement based on several factors, including the pricing structure, service levels, and the overall benefits to the FES and the public. Civica BPO argued that the agreement reflected a fair market value and was necessary to deliver efficient services. The tribunal considered the extensive submissions from both parties, including expert evidence on market rates and service delivery benchmarks. Ultimately, the tribunal found that the proposed agreement met the statutory criteria for approval and was likely to result in a more efficient and cost-effective service delivery model for the FES.

The tribunal approved the agreement, noting that it would benefit the FES and the public by ensuring that fines and enforcement services were delivered in a timely and efficient manner. The decision emphasised the importance of ensuring that the FES operates effectively to support law enforcement and public safety. The tribunal's approval of the agreement will allow Civica BPO to continue its role in providing essential services to the FES, subject to the terms and conditions set out in the approved agreement.

Civica BPO Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established