DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4S Australia Pty Ltd T/A G4S Custodial Services Pty Ltd
(AG2018/6469)

G4S CUSTODIAL SERVICES PTY. LTD. DCB WA AGREEMENT 2018

Corrections and detentions
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 APRIL 2019

Application for approval of the G4S Custodial Services Pty. Ltd. DCB WA Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the G4S Custodial Services Pty. Ltd. DCB WA Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G4S Australia Pty Ltd T/A G4S Custodial Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Federal Circuit Court involved an application by G4S Australia Pty Ltd trading as G4S Custodial Services Pty Ltd, seeking approval of the G4S Custodial Services Pty Ltd DCB WA Agreement 2018. The dispute centred on the agreement's compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. This case examined whether the proposed agreement met the necessary legal criteria for approval, particularly regarding the negotiation process and the agreement's fairness to employees.

The primary legal issue before the court was whether the agreement had been fairly and genuinely negotiated and whether it adhered to the provisions of the Fair Work Act. Additionally, the court had to determine if the agreement was in the best interests of the employees and whether it complied with the mandatory requirements of the Fair Work Act. This included assessing the process by which the agreement was negotiated and the extent to which it provided for the fair treatment of employees.

In delivering the decision, the court found that the agreement had been fairly and genuinely negotiated, fulfilling the statutory requirements under the Fair Work Act. The court emphasised that the agreement provided for the fair treatment of employees and was in their best interests. The negotiation process was deemed to be transparent and inclusive, with adequate opportunity for employee representation. Consequently, the court approved the G4S Custodial Services Pty Ltd DCB WA Agreement 2018, recognising it as compliant with the legislative framework. The approval ensures that the agreement can be implemented and will govern the employment conditions of the relevant workers.

G4S Australia Pty Ltd T/A G4S Custodial Services 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