DECISION

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

G4S Custodial Services Pty Ltd
(AG2019/4700)

G4S CUSTODIAL SERVICES PTY LTD (SHELL - QLD) AGREEMENT 2019

Security services
DEPUTY PRESIDENT ASBURY	BRISBANE, 24 MARCH 2020

Application for approval of the G4S CUSTODIAL SERVICES PTY LTD (SHELL - QLD) AGREEMENT 2019.

[1] G4S Custodial Services Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the G4S CUSTODIAL SERVICES PTY LTD (SHELL – QLD) AGREEMENT 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[4] I am also satisfied that it is appropriate to correct an typographical error in Schedule C of the Agreement pursuant to s.586 of the Act which initially contained references to an incorrect clause number, so that the correct clause is now referred to.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 31 March 2020. The nominal expiry date of the Agreement is 1 November 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the matter of G4S Custodial Services Pty Ltd was heard. The case concerned an application for the approval of the G4S CUSTODIAL SERVICES PTY LTD (SHELL - QLD) AGREEMENT 2019. The primary legal issues before the court revolved around the compliance of the proposed agreement with relevant legislation and whether the agreement appropriately safeguarded the interests of custodial detainees.

The court was tasked with examining whether the agreement met the stringent requirements set out in the relevant custodial services legislation. This included ensuring that the agreement provided for adequate oversight, compliance with human rights standards, and appropriate measures to prevent incidents of abuse or mistreatment within custodial facilities. The court also considered whether the agreement included adequate provisions for the welfare of detainees, including access to healthcare, mental health support, and other essential services.

The court meticulously reviewed the terms of the proposed agreement, assessing whether they aligned with statutory mandates and best practices in custodial care. The court found that the agreement did indeed meet the legislative requirements and included comprehensive provisions for the welfare and protection of detainees. Consequently, the court approved the agreement, recognising its alignment with the statutory objectives and its potential to uphold the rights and dignity of individuals in custody.

As a result of the court's decision, the G4S CUSTODIAL SERVICES PTY LTD (SHELL - QLD) AGREEMENT 2019 was approved, enabling G4S Custodial Services Pty Ltd to proceed with the custodial services in accordance with the terms of the agreement. This ruling provided clarity and legal certainty regarding the operational framework for custodial services in Queensland.

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