DECISION

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

G4S Custodial Services Australia Pty Ltd
(AG2015/7534)

G4S CUSTODIAL SERVICES PTY LTD VICTORIAN PRISONER TRANSPORT SERVICES AND COMMUNITY AND PUBLIC SECTOR UNION (VICTORIA) ENTERPRISE AGREEMENT 2015

Corrections and detentions
COMMISSIONER WILSON	MELBOURNE, 20 JANUARY 2016

Application for approval of the G4S Custodial Services Pty Ltd Victorian Prisoner Transport Services and Community and Public Sector Union (Victoria) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the G4S Custodial Services Pty Ltd Victorian Prisoner Transport Services and Community and Public Sector Union (Victoria) Enterprise Agreement 2015 (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 have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Community and Public Sector Union (the CPSU), 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 27 January 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by G4S Custodial Services Australia Pty Ltd for the approval of the G4S Custodial Services Pty Ltd Victorian Prisoner Transport Services and Community and Public Sector Union (Victoria) Enterprise Agreement 2015. The dispute centred on whether the terms and conditions of the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The application was brought before the Fair Work Commission, which has jurisdiction over such matters.

The primary legal issues before the Commission were whether the agreement met the criteria for approval as stipulated by the Fair Work Act. This included assessing whether the agreement provided for the minimum entitlements for employees, whether it was free from any sham arrangements, and whether it was negotiated in good faith. The Commission also had to determine if the agreement was in the best interests of the employees it covered.

In considering these issues, the Commission examined the provisions of the proposed agreement in detail. It found that the agreement provided for all the minimum entitlements required by the Fair Work Act and was free from any sham arrangements. The Commission also concluded that the agreement was negotiated in good faith and was in the best interests of the employees. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the G4S Custodial Services Pty Ltd Victorian Prisoner Transport Services and Community and Public Sector Union (Victoria) Enterprise Agreement 2015, finding it to be compliant with the requirements of the Fair Work Act. The agreement was thus approved and is now legally binding on the parties involved.

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