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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

G4S Custodial Services Pty Ltd applied for approval of the Victorian Prisoner Transport Services Enterprise Agreement 2021. The application was made under the Fair Work Act 2009. The applicant is an employer, and the respondent is a registered union representing employees of the applicant. The dispute centred around the provisions of the proposed agreement and whether it complied with the statutory requirements for approval under the Act.

The legal issues before the court were whether the agreement contained the necessary minimum terms and conditions as required by the Fair Work Act, and if the agreement was made in good faith. The court examined whether the agreement covered all the mandated minimum terms, whether the union had genuinely negotiated the agreement, and if the agreement provided a safety net for employees. The court also needed to determine if the agreement was procedurally fair and if there were any unfair provisions that would render the agreement non-compliant.

The court found that the agreement met all the statutory requirements for approval. It contained the mandated minimum terms, was made in good faith, and provided a safety net for employees. The court was satisfied that the union had genuinely negotiated the agreement and that it was procedurally fair. The court did not find any unfair provisions that would disqualify the agreement from approval. Consequently, the court approved the application, and the agreement was registered under the Fair Work Act.

The final order was that the Victorian Prisoner Transport Services Enterprise Agreement 2021 be approved and registered under the Fair Work Act. The agreement was to be in effect from the date of registration and would apply to the employees of G4S Custodial Services Pty Ltd covered by the agreement. The court's decision provided certainty to both the employer and the employees regarding the terms and conditions of employment.

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