G4S Custodial Services Pty Ltd

[2024] FWCA 1685

[2024] FWCA 1685

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

G4S Custodial Services Pty Ltd

(AG2024/1286)

G4S CUSTODIAL SERVICES PTY LTD DCB WA AGREEMENT 2023

Corrections and Detentions Industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 8 MAY 2024

Application for approval of G4S Custodial Services Pty Ltd DCB WA Agreement 2023

Introduction

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 DCB WA Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was 6 April 2023.

1. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 28 March 2024.

Agreement Explanation

1. In their application, the Employer indicated that G4S engaged with employees individually and collectively, in person and in writing, throughout the enterprise bargaining process, including, but not limited to, during the access period. A table of changes document was provided. The Employer provided submissions about how the terms and effects of the Agreement were explained to employees. I am satisfied having regard to those submissions that the requirements of s. 180(5) of the Act have been met.

Late Lodgement

1. The application was made on 17 April 2024 which is more than 14 days after agreement was made. The Employer provided submissions explaining the reason for the delay. I am satisfied having regard to those submissions that it is fair in all the circumstances to extend the lodgement period to 17 April 2024 in accordance with s. 185(3)(b) of the Act.

Section 190 Undertakings

1. The Employer provided written undertakings. A copy of the undertakings is attached in Annexure 1. 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. 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.

Section 183 Bargaining Representatives

1. The Transport Workers’ Union of Australia (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the TWU.
   

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2024. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

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