DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4S Custodial Services Australia Pty Ltd
(AG2015/2144)

G4S CUSTODIAL SERVICES AND HEALTH AND COMMUNITY SERVICES UNION (VICTORIAN BRANCH) THOMAS EMBLING HOSPITAL ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 27 MARCH 2015

Application for approval of the G4S Custodial Services and Health and Community Services Union (Victorian Branch) Thomas Embling Hospital Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the G4S Custodial Services and Health and Community Services Union (Victorian Branch) Thomas Embling Hospital Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G4S Custodial Services Australia 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 Agreement does not contain a consultation provision in the terms of s.205 of the Act. 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.

[4] The Health Services Union #2 Branch t/as Health and Community Services Union (HACSU), 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 28 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

G4S Custodial Services Australia Pty Ltd recently sought approval of an enterprise agreement from the Fair Work Commission. The dispute arose between G4S Custodial Services, an entity providing custodial services, and the Health and Community Services Union (Victorian Branch). The Union contested the terms of the Enterprise Agreement 2014, particularly those concerning employment conditions. The Fair Work Commission was tasked with determining whether the agreement was fair and reasonable.

The central legal issues before the Commission involved whether the agreement was genuinely an enterprise agreement, whether it was in compliance with relevant legislative provisions, and whether it provided for fair and reasonable terms and conditions. The Commission had to examine the process by which the agreement was made and whether it was genuinely negotiated. Furthermore, it was necessary to ensure that the agreement provided for fair and reasonable terms and conditions, including those related to remuneration, hours of work, and other employment matters.

In its decision, the Fair Work Commission found that the Enterprise Agreement 2014 was genuinely an enterprise agreement that was negotiated in good faith. The Commission determined that the agreement was compliant with relevant legislative requirements and provided for fair and reasonable terms and conditions. The Commission considered the evidence provided by both parties and the broader context in which the agreement was made. It concluded that the agreement was fair and reasonable, and thus approved the agreement.

The Fair Work Commission's decision was final, and the Enterprise Agreement 2014 was approved. The Commission's approval means that the agreement will now be binding on all parties, and any disputes arising from the agreement will be resolved in accordance with its terms. The approval of the agreement is significant for both G4S Custodial Services and the Health and Community Services Union, as it provides certainty and stability in their employment relationship.

G4S Custodial Services Australia 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