G4S Custodial Services Pty Ltd

[2021] FWCA 1537

[2021] FWCA 1537

FAIR WORK COMMISSION

DECISION

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

G4S Custodial Services Pty Ltd
(AG2021/376)

G4S CUSTODIAL SERVICES PTY LTD VICTORIAN PRISONER TRANSPORT SERVICES ENTERPRISE AGREEMENT 2021

Corrections and detentions
DEPUTY PRESIDENT YOUNG	MELBOURNE, 23 MARCH 2021

Application for approval of the G4S Custodial Services Pty Ltd Victorian Prisoner Transport Services Enterprise Agreement 2021.

[1] G4S Custodial Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the G4S Custodial Services Pty Ltd Victorian Prisoner Transport Services Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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 observe that clause 33 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Community and Public Sector Union and the Transport Workers' Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 23 March 2021 and, in accordance with s 54, will operate from 30 March 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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Annexure A