DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4S Custodial Services Pty Ltd
(AG2017/5546)

UNITED VOICE SECURITY UNION AND G4S CUSTODIAL SERVICES (COUNTY COURT) SAFEGUARD AGREEMENT 2017

Security services
COMMISSIONER LEE	MELBOURNE, 27 JUNE 2018

Application for approval of the United Voice Security Union and G4S Custodial Services (County Court) Safeguard Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the United Voice Security Union and G4S Custodial Services (County Court) Safeguard Agreement 2017 (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 Applicant 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] United Voice 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 is approved and, in accordance with s.54 of the Act, will operate from 4 July 2018. The nominal expiry date of the Agreement is 24 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The County Court was presented with an application for the approval of an enterprise agreement between the United Voice Security Union and G4S Custodial Services Pty Ltd. The agreement in question, titled the United Voice Security Union and G4S Custodial Services (County Court) Safeguard Agreement 2017, sought validation under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary legal criteria for approval, including its alignment with the Act’s objectives, and if it was fairly negotiated.

The court was tasked with determining if the agreement complied with the procedural requirements set out in the Fair Work Act, particularly focusing on whether the union and the employer had genuinely negotiated the terms of the agreement. Additionally, the court needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment, considering the broader objectives of the Act, such as promoting higher wages and better conditions.

In rendering its decision, the court examined the evidence presented regarding the negotiation process and the terms of the agreement. The court concluded that the agreement had been genuinely negotiated and met the requirements of the Fair Work Act. The agreement was found to provide for fair and reasonable terms and conditions of employment, taking into account the objectives of the Act. Therefore, the court approved the safeguard agreement, affirming its compliance with the necessary legal standards.

The final orders of the court included the approval of the United Voice Security Union and G4S Custodial Services (County Court) Safeguard Agreement 2017, recognising it as a valid and enforceable enterprise agreement 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