DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4S Custodial Services Pty Ltd
(AG2017/6375)

G4S CUSTODIAL SERVICES PTY. LTD AND UNITED VOICE LONG BAY FORENSIC HOSPITAL SECURITY SERVICES ENTERPRISE AGREEMENT 2017

Security services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 MAY 2018

Application for approval of the G4S Custodial Services Pty Ltd and United Voice Long Bay Forensic Hospital Security Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the G4S Custodial Services Pty Ltd and United Voice Long Bay Forensic Hospital Security Services Enterprise 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. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The 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.

[7] The Agreement was approved on 11 May 2018 and, in accordance with s.54, will operate from 18 May 2018. The nominal expiry date of the Agreement is 30 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

G4S Custodial Services Pty Ltd sought approval of their Enterprise Agreement 2017 with United Voice Long Bay Forensic Hospital Security Services. The application was before the Fair Work Commission, which is tasked with the approval of enterprise agreements. The primary legal issue before the commission was whether the enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement provided adequate protections for employees and if the agreement was made in good faith.

The commission noted that the agreement contained provisions that were consistent with the principles of the Fair Work Act. It included minimum wage rates, leave entitlements, and provisions for dispute resolution. The commission considered whether the agreement was negotiated in good faith and whether it provided fair and reasonable terms for employees. After reviewing the submissions and evidence from both parties, the commission was satisfied that the agreement met the statutory requirements for approval. The commission highlighted the cooperative approach taken by both parties in negotiating the agreement, which contributed to the conclusion that the agreement was made in good faith.

In light of the above, the Fair Work Commission approved the G4S Custodial Services Pty Ltd and United Voice Long Bay Forensic Hospital Security Services Enterprise Agreement 2017. The commission found that the agreement provided fair and reasonable terms for employees and was negotiated in good faith. The approval of the agreement ensures that employees covered by the agreement will receive the benefits outlined in the agreement, subject to any applicable awards or orders.

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