DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4S Custodial Services Pty Ltd
(AG2021/5749)

G4S CUSTODIAL SERVICES PTY LTD (PORT PHILLIP PRISON) CORRECTIONAL SERVICES WORKPLACE AGREEMENT 2021

Corrections and detentions
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 JULY 2021

Application for approval of the G4S Custodial Services Pty Ltd (Port Phillip Prison) Correctional Services Workplace Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the G4S Custodial Services Pty Ltd (Port Phillip Prison) Correctional Services Workplace Agreement 2021 (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 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. The undertakings are taken to be a term of 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] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Community and Public Sector Union, 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 16 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, G4S Custodial Services Pty Ltd applied for approval of a proposed workplace agreement with the Australian Services Union. The dispute centred on the terms of the Correctional Services Workplace Agreement 2021, which was intended to regulate employment conditions for staff at Port Phillip Prison. The Australian Services Union contested certain provisions of the agreement, arguing that they did not comply with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the criteria for approval under the Fair Work Act, specifically focusing on whether the agreement provided for fair and reasonable terms, and whether it was made in good faith. The Commission had to examine the fairness of the proposed terms and conditions, including remuneration, hours of work, and other employment conditions. Additionally, the Commission needed to determine if the agreement was negotiated in good faith and whether it was appropriately certified by an accredited independent certifier.

The Fair Work Commission found that the Correctional Services Workplace Agreement 2021 was fair and reasonable, and had been made in good faith. The Commission considered the evidence provided by both parties, including submissions on the economic and operational context of the agreement. It was concluded that the proposed terms were balanced and met the requirements of the Fair Work Act. The Commission approved the agreement, noting that it provided for reasonable terms and conditions of employment, and that the negotiation process was appropriate.

The final orders of the Fair Work Commission were that the Correctional Services Workplace Agreement 2021 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the decision, and would apply to the employees covered by the agreement.

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