G4S Custodial Services Pty Ltd

[2017] FWCA 6308

[2017] FWCA 6308

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

G4S Custodial Services Pty Ltd

(AG2017/3551)

G4S Custodial Services Pty Ltd South Australia Prisoner Transport and In-Court Management TWU Enterprise Agreement 2016

Corrections and detentions
Commissioner Gregory	MELBOURNE, 29 NOVEMBER 2017

Application for approval of the G4S Custodial Services Pty Ltd South Australia Prisoner Transport and In-Court Management TWU Enterprise Agreement 2016.

1. An application has been made for approval of an enterprise agreement known as the G4S Custodial Services Pty Ltd South Australia Prisoner Transport and In-Court Management TWU Enterprise Agreement 2016 (“the Agreement”). It is made under s.185 of the Fair Work Act 2009 (Cth) (“the Act”) by G4S Custodial Services Pty Ltd (“G4S”). The Agreement is a single enterprise agreement and is intended to cover around 120 employees who are engaged in prisoner movement and court management operations in South Australia.

1. After reviewing the application and the F17 Employer’s Statutory Declaration, together with the terms and conditions contained in the proposed Agreement, the Commission sought further clarification from G4S about a range of matters. This included a request for further information about when the employees were provided with a copy of the proposed Agreement and the steps taken to provide them with details about the proposed voting process. G4S has since provided the Commission with a further explanation about these matters. It has also provided the Commission with a revised F17 Employer’s Statutory Declaration that has been made by Mr Lou Gheller, the General Manager HR – Prisons with G4S Custodial Services.

1. The Commission also raised issues to do with:

·   the nature of the consultation term;

·   the arrangements applying to trainee escort offices;

·   the hours of work provisions, including those dealing with the ability to take time off in lieu of overtime; and

·   the part-time work provisions.

1. G4S has now provided a series of written undertakings in response to these matters. It has also indicated that it has no objection to the model consultation term being taken to be a term of the Agreement.

1. A copy of the undertakings is attached to this decision. I am satisfied that they will not cause financial detriment to any employee to be covered by the proposed Agreement or result in substantial changes to the Agreement. The undertakings are accordingly accepted and in accordance with s.191 of the Act will now be taken to be a term of the Agreement. In addition, in accordance with s.205(2) of the Act the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is also now taken to be a term of the Agreement.

1. Subject to the undertakings referred to above I am otherwise satisfied that each of the requirements contained in ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. The Transport Workers’ Union of Australia SA/NT Branch, being a bargaining representative for the Agreement, has also 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2017. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE426272  PR598170>

ANNEXURE