DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4S Custodial Services Pty Ltd
(AG2016/2593)

G4S CUSTODIAL SERVICES PTY. LTD AND UNITED VOICE LONG BAY FORENSIC HOSPITAL SECURITY SERVICES ENTERPRISE AGREEMENT 2016

Security services
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2016

Application for approval of the G4S Custodial Services Pty. Ltd and United Voice Long Bay Forensic Hospital Security Services Enterprise Agreement 2016.

[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 2016 (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] 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 is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 30 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

G4S Custodial Services Pty Ltd sought approval for the G4S Custodial Services Pty. Ltd and United Voice Long Bay Forensic Hospital Security Services Enterprise Agreement 2016 before the Fair Work Commission. The application was contested by the union, United Voice, which raised concerns about the fairness and appropriateness of the proposed agreement. The central legal issue before the Commission was whether the terms and conditions of the enterprise agreement were fair and appropriate, taking into account the various statutory criteria outlined in the Fair Work Act 2009. The Commission considered the application of the "better off overall test" and whether the agreement provided employees with a fair and reasonable outcome in relation to their remuneration and conditions of employment.

The Commission examined the evidence presented by both parties, including the financial circumstances of G4S Custodial Services Pty Ltd, the bargaining positions of the parties, and the terms and conditions of the proposed agreement. The Commission noted that the proposed agreement included provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. The Commission found that the proposed agreement was fair and appropriate, as it provided employees with a fair and reasonable outcome, taking into account the financial circumstances of the employer and the bargaining positions of the parties. The Commission also found that the proposed agreement met the requirements of the "better off overall test," as it provided employees with a fair and reasonable outcome in relation to their remuneration and conditions of employment.

Based on the evidence and considerations outlined above, the Commission approved the G4S Custodial Services Pty. Ltd and United Voice Long Bay Forensic Hospital Security Services Enterprise Agreement 2016. The approval of the enterprise agreement ensures that employees of G4S Custodial Services Pty Ltd will receive fair and reasonable remuneration and conditions of employment, as provided for in the agreement. The approval also provides certainty and stability for both the employer and employees, as the terms and conditions of employment are set out in a legally binding agreement.

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