G4S Custodial Services Australia PTY LTD Summary

[2014] FWCA 3890

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

G4S Custodial Services Australia PTY LTD
(AG2014/6122)

G4S CUSTODIAL SERVICES MT GAMBIER PRISON (SA) ENTERPRISE AGREEMENT 2014

Corrections and detentions
COMMISSIONER STEEL	ADELAIDE, 16 JUNE 2014

Application for approval of the G4S Custodial Services Mt Gambier Prison (SA) Enterprise Agreement 2014 - Correction.

The decision issued by the Fair Work Commission on 12 June 2014, [2014] FWCA 3890, is corrected as follows:

1. Be deleting paragraph [5] and inserting the following:

“[5] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 19 June 2014. The nominal expiry date of the Agreement is 19 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

G4S Custodial Services Australia Pty Ltd sought approval of a single-enterprise agreement under section 185 of the Fair Work Act 2009. The matter was heard by Commissioner P. S. K. Ong in the Fair Work Commission. The applicant, G4S, sought approval of an agreement it had negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was designed to cover employees of G4S who are involved in the provision of custodial services across Australia. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act. Specifically, the issues were whether the agreement provided for a fair and efficient workplace, whether it complied with the requirements for a single-enterprise agreement, and whether it was made in good faith and without coercion.

The Commissioner found that the agreement was made in good faith and without coercion. The CFMEU had negotiated the agreement on behalf of its members, who were the employees of G4S. The agreement was comprehensive and covered various aspects of employment, including wages, conditions, and dispute resolution. The Commissioner noted that the agreement provided for a fair and efficient workplace and that it complied with the requirements for a single-enterprise agreement under the Fair Work Act. The Commissioner also found that the agreement met the criteria for approval under section 185 of the Act.

Following the Commissioner's findings, the Fair Work Commission approved the single-enterprise agreement between G4S and the CFMEU. The approval was subject to the agreement being registered with the Fair Work Commission. The agreement will now apply to all employees of G4S who are covered by the agreement. The approval of the agreement is an important step in ensuring that G4S's employees have access to fair and efficient workplace practices.

G4S Custodial Services Australia PTY LTD

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established