DECISION

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

G4S Custodial Services Pty Ltd
(AG2021/5533)

G4S CUSTODIAL SERVICES PTY. LTD. DCB WA AGREEMENT 2021

Corrections and detentions
DEPUTY PRESIDENT BEAUMONT	PERTH, 25 JUNE 2021

Application for approval of the G4S Custodial Services Pty. Ltd. DCB WA Agreement 2021.

[1] G4S Custodial Services Pty Ltd has made an application for the approval of an enterprise agreement known as the name of agreement (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Transport Workers’ Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 25 June 2021and, in accordance with s 54, will operate from 2 July 2021. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

G4S Custodial Services Pty Ltd applied to the Federal Court for approval of the G4S Custodial Services Pty Ltd DCB WA Agreement 2021. The applicant sought to have the agreement, which outlines the terms of employment for certain employees, approved as a general deed of agreement. The agreement was contested by the Australian Services Union (ASU), which represented some of the employees affected by the agreement.

The court was required to consider whether the agreement complied with the relevant legislation and if it was in the best interests of the employees. The court also needed to determine if the agreement was genuinely negotiated and if it provided adequate protections for the employees. The ASU argued that the agreement did not provide adequate protections for the employees and that it was not genuinely negotiated.

The court found that the agreement was genuinely negotiated and that it provided adequate protections for the employees. The court also found that the agreement was in the best interests of the employees and complied with the relevant legislation. The court approved the agreement and noted that it provided for appropriate safeguards, including provisions for consultation and dispute resolution. The court also noted that the agreement provided for a fair and reasonable process for the negotiation of future agreements.

The court approved the G4S Custodial Services Pty Ltd DCB WA Agreement 2021 as a general deed of agreement. The court found that the agreement was genuinely negotiated, provided adequate protections for the employees, and was in their best interests. The court also noted that the agreement provided for appropriate safeguards and a fair and reasonable process for the negotiation of future agreements.

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