DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4S Custodial Services Pty Ltd
(AG2015/2055)

UNITED VOICE SECURITY UNION AND G4S CUSTODIAL SERVICES (GENERAL) SAFEGUARD AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 2 APRIL 2015

Application for approval of the United Voice Security Union and G4S Custodial Services (General) Safeguard Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the United Voice Security Union and G4S Custodial Services (General) Safeguard Agreement 2014 (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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the United Voice Security Union and G4S Custodial Services Pty Ltd sought approval of an enterprise agreement. The Union is a trade union representing the interests of employees within the security industry, while G4S Custodial Services is a company providing security services. The dispute centred around the terms and conditions outlined in the proposed Safeguard Agreement. The legal issues before the Commission were whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, particularly in relation to procedural fairness, and whether the agreement contained terms that complied with the good faith bargaining provisions.

The Commission examined whether the Union had adequately represented its members and whether G4S had engaged in genuine bargaining. The Union argued that it had provided proper notice to its members and had conducted a ballot in accordance with its internal rules. G4S contested the adequacy of the Union's procedural steps and questioned the fairness of the bargaining process. The Commission found that while there were some procedural shortcomings, these did not undermine the overall fairness of the agreement. The Commission also assessed whether the terms of the agreement were consistent with the requirements of the Act, including provisions on minimum wages, penalties, and other conditions of employment. The Commission concluded that the agreement did not contravene any statutory provisions and contained terms that were fair and reasonable.

The Commission approved the Safeguard Agreement, finding that it complied with the necessary legal standards. The Union and G4S had engaged in a process that, despite minor procedural flaws, was fundamentally fair. The terms of the agreement were found to be reasonable and met the statutory requirements. The approval of the agreement was deemed to be in the interests of promoting conciliation, arbitration, and the settlement of industrial disputes. The decision was made in the spirit of the Act's objectives of ensuring fair work practices and protecting the rights of both employers and employees.

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