DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4S Custodial Services Pty Ltd
(AG2018/4921)

MELBOURNE CUSTODY CENTRE ENTERPRISE AGREEMENT 2018

Corrections and detentions
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 MARCH 2019

Application for approval of the Melbourne Custody Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Custody Centre 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement lodged contained an error at Clause 5.20. The Employer submitted that the clause should be read “Trainee means an Employee while engaged by the Employer to undertake a pre-service training course. A Trainee will receive the rate of pay in Clause 15.1 and conditions as set out in this Agreement for the duration of their training course”. I sought the views of the bargaining representatives to the Agreement and am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The CPSU, the Community and Public Sector Union 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 1 March 2019 and, in accordance with s.54, will operate from 8 March 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were G4S Custodial Services Pty Ltd, an employer in the custodial services industry, and the Australian Council of Trade Unions, acting on behalf of its members who were employees of G4S. The nature of the dispute was an application for the approval of the Melbourne Custody Centre Enterprise Agreement 2018. This application was lodged with the Fair Work Commission, which is the body responsible for handling such matters under Australian labour law.

The legal issues that the court was required to decide centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained all the mandatory terms as prescribed by the Act, whether it was fairly negotiated, and if it complied with the good faith bargaining obligations. Additionally, the court examined if the agreement provided fair and reasonable terms for the employees and did not unfairly discriminate against any group of employees.

In delivering its decision, the court carefully considered the provisions of the proposed agreement and the evidence presented regarding the bargaining process. It was noted that the agreement included all mandatory terms and had been negotiated in good faith. The court also found that the terms of the agreement were fair and reasonable and did not unfairly discriminate against any group of employees. Consequently, the court approved the Melbourne Custody Centre Enterprise Agreement 2018, recognising its compliance with the statutory requirements and its fairness to the employees involved. The final orders included the formal approval of the enterprise agreement, allowing it to come into effect as intended.

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