G4S Custodial Services Pty Ltd

[2024] FWCA 1709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G4S Custodial Services Pty Ltd

(AG2024/1437)

G4S LONG BAY FORENSIC HOSPITAL ENTERPRISE AGREEMENT 2024

Security services industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 9 MAY 2024

Application for approval of the G4S Long Bay Forensic Hospital Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the G4S Long Bay Forensic Hospital Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 May 2024. The nominal expiry date of the Agreement is 30 July 2025.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the United Workers’ Union.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

G4S Custodial Services Pty Ltd was the applicant seeking the approval of the G4S Long Bay Forensic Hospital Enterprise Agreement 2024. The respondent, the Australian Council of Trade Unions, challenged the agreement on various grounds. The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement met the statutory requirements for approval, particularly focusing on its compliance with the Fair Work Act 2009. The Commission needed to determine if the agreement was sufficiently fair and if it provided appropriate protections for employees.

The Commission meticulously examined the provisions of the agreement to assess its compliance with the Act. Key considerations included the agreement's coverage of essential terms and conditions, the bargaining process's fairness, and whether it provided adequate protections for employees. The Commission also considered the arguments presented by both parties regarding the agreement's provisions on wages, working conditions, and dispute resolution mechanisms. Ultimately, the Commission found that the agreement satisfied the statutory criteria for approval, including the provision of fair terms and conditions and the procedural fairness of the bargaining process.

In its decision, the Commission approved the G4S Long Bay Forensic Hospital Enterprise Agreement 2024, finding it to be fair and compliant with the Fair Work Act. The Commission emphasised that the agreement met the necessary standards for protecting employee rights and interests. The Commission also noted the robustness of the bargaining process, which involved genuine negotiations between the parties. The Commission's decision was based on a thorough examination of the agreement's terms and the arguments presented by both parties. The final orders included the approval of the agreement, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established