DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4S Custodial Services Pty Ltd
(AG2018/6394)

G4S CUSTODIAL SERVICES PTY LTD VICTORIAN PRISONER TRANSPORT SERVICES ENTERPRISE AGREEMENT 2018

Corrections and detentions
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 APRIL 2019

Application for approval of the G4S Custodial Services Pty Ltd Victorian Prisoner Transport Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the G4S Custodial Services Pty Ltd Victorian Prisoner Transport Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G4S Custodial Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] Subject to the undertakings referred to above, 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] The CPSU, 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 want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved G4S Custodial Services Pty Ltd, a company providing prisoner transport services, and the Australian Council of Trade Unions (ACTU). The dispute centred around the approval of the G4S Custodial Services Pty Ltd Victorian Prisoner Transport Services Enterprise Agreement 2018. The parties came before the Fair Work Commission to determine whether the agreement met the necessary legal standards for approval.

The primary legal issue was whether the agreement fulfilled the requirements of the Fair Work Act 2009, specifically sections concerning the registration of enterprise agreements. This included verifying that the agreement was genuinely negotiated, contained minimum terms and conditions, and was free from any improper conduct during its negotiation. The commission also needed to ensure the agreement did not adversely affect employees’ existing rights and that it was not inconsistent with the National Employment Standards.

The Fair Work Commission examined the negotiation process and contents of the agreement thoroughly. It found that the agreement had been genuinely negotiated and contained all the required minimum terms and conditions. The commission also determined that the agreement did not improperly affect employees' existing rights and was consistent with the National Employment Standards. Consequently, the commission approved the G4S Custodial Services Pty Ltd Victorian Prisoner Transport Services Enterprise Agreement 2018. This approval ensured that the agreement would legally govern the employment terms of the workers in the prisoner transport services sector within Victoria.

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