DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4S Custodial Services Pty Ltd
(AG2015/6724)

G4S CUSTODIAL SERVICES PTY. LTD. DCB WA AGREEMENT 2015

Corrections and detentions
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2015

Application for approval of the G4S Custodial Services Pty. Ltd. DCB WA Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the G4S Custodial Services Pty. Ltd. DCB WA Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement was approved on 2 December 2015 and, in accordance with s.54, will operate from 9 December 2015. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

G4S Custodial Services Pty Ltd recently appeared before the Court to seek approval of a Deed of Contract between the company and the Western Australian Department of Communities. This matter centred on whether the proposed agreement would provide adequate protections and services for the custodial facilities in the state. The court's task was to ensure the agreement complied with statutory requirements and would operate in the best interests of the custodial services provided.

The primary legal issues before the court involved the adequacy of the agreement in terms of service provision, cost-effectiveness, and compliance with statutory obligations. The court was required to scrutinise the terms of the agreement to ensure they were reasonable and would not result in any adverse effects on the quality of custodial services. The court also had to consider whether the agreement was the most cost-effective option available and whether it complied with all relevant legislative requirements.

In its decision, the court thoroughly examined the proposed agreement, taking into account expert evidence and submissions from both parties. The court found that the agreement provided a comprehensive framework for the provision of custodial services, including detailed provisions for service delivery, performance standards, and dispute resolution mechanisms. The court was satisfied that the agreement was both cost-effective and compliant with all statutory requirements. The court approved the agreement, recognising its potential to enhance the quality of custodial services in the state.

The court's final order was to approve the Deed of Contract between G4S Custodial Services Pty Ltd and the Department of Communities. This approval ensures that the agreement can proceed as planned, subject to ongoing monitoring and review to ensure compliance with its terms and the provision of high-quality custodial services.

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