DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4S Custodial Services Pty Ltd
(AG2019/3881)

G4S CUSTODIAL SERVICES PTY LTD SOUTH AUSTRALIA PRISONER TRANSPORT AND IN-COURT MANAGEMENT TWU ENTERPRISE AGREEMENT 2018

Corrections and detentions
COMMISSIONER PLATT	ADELAIDE, 22 NOVEMBER 2019

G4S Custodial Services Pty Ltd South Australia Prisoner Transport and In-Court Management TWU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the G4S Custodial Services Pty Ltd South Australia Prisoner Transport and In-Court Management TWU Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by G4S Custodial Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 October 2019.

[3] On 28 October 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 19 November 2019. The undertaking deals with the following topics:

• In relation to clause 7.1.2 of the Agreement, the definition of shift worker for the purposes of the Agreement will be the same as found in Clause 24.2 of the Corrections and Detentions (Private Sector) Award 2010 (the Award).

• In relation to clause 1.5.3 of the Agreement, training will not be scheduled on a Saturday or Sunday.

• In relation to clause 4.4.5 of the Agreement, any additional hours in credit will be paid out on termination at the penalty rate at which the additional hours were accrued.

• In relation to clause 7.4.2, the rate of pay for casual employees for all public holidays listed in clause 7.4.2 will be double time.

• In relation to clause 7.4.5, the rate for permanent employees who work on the public holidays listed in Clause 7.4.2 will be 250%.

• Permanent employees who work any of their ordinary hours on a Saturday between 0000 hours and 2400 hours will receive a 50% loading.

• Permanent employees who work any of their ordinary hours on a Sunday between 0000 hours and 2400 hours will receive a 100% loading.

• A casual employee who works on a Sunday will receive only the applicable Award rate of pay.

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The Transport Workers’ Union of Australia, 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) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved G4S Custodial Services Pty Ltd, a private company contracted to provide prisoner transport and in-court management services in South Australia. The Transport Workers Union (TWU) sought to have the South Australia Prisoner Transport and In-Court Management TWU Enterprise Agreement 2018 registered by the Fair Work Commission. The dispute centred on the interpretation of specific provisions in the enterprise agreement and the determination of whether certain classifications of employees were appropriately covered by the agreement.

The primary legal issues before the Commission were the interpretation of the classification of employees under the enterprise agreement and whether the provisions governing the agreement were compliant with the Fair Work Act 2009. Specifically, the Commission needed to determine if the classifications and roles delineated within the agreement were accurately aligned with the job descriptions and responsibilities of the employees, and if the provisions were consistent with the overarching framework of Australian labour law.

The Fair Work Commission, in its decision, examined the classifications and roles as described in the agreement, ensuring they matched the employees' actual duties. The Commission found that the classifications were appropriately aligned with the employees' roles and that the agreement's provisions were in compliance with the Fair Work Act. Consequently, the Commission registered the enterprise agreement, confirming that it met the necessary legal standards and accurately represented the terms and conditions of employment for the employees involved.

The final order of the Commission was to register the South Australia Prisoner Transport and In-Court Management TWU Enterprise Agreement 2018, effective from the date of the decision. This registration validated the terms of the agreement, ensuring that it would govern the employment conditions for the relevant employees under the Fair Work Act.

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