DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4S Custodial Services Pty Ltd
(AG2015/2056)

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

Security services
COMMISSIONER GREGORY	MELBOURNE, 2 APRIL 2015

Application for approval of the United Voice Security Union and G4S Custodial Services (County Court) 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 (County Court) 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

G4S Custodial Services Pty Ltd sought approval for a safeguard agreement with the United Voice Security Union. The application was brought before the Fair Work Commission to ensure the agreement complied with the Fair Work Act 2009. The union and the employer aimed to reach an agreement that would govern the terms and conditions of employment for G4S's security officers, but the union raised concerns that the proposed agreement did not adequately protect the employees' interests.

The key legal issue before the commission was whether the proposed safeguard agreement met the statutory requirements under the Fair Work Act. This included whether the agreement provided appropriate protections for employees and whether it was negotiated in good faith. The union argued that the proposed agreement failed to offer sufficient protections, particularly in terms of wages and conditions, and did not reflect the outcomes of genuine negotiations.

In delivering its decision, the commission examined the provisions of the proposed safeguard agreement against the requirements set out in the Fair Work Act. The commission considered the nature of the bargaining process and whether the agreement reflected a genuine attempt by both parties to negotiate in good faith. The commission concluded that while the agreement contained some beneficial terms for employees, it fell short in several areas that were critical to the union’s concerns. Consequently, the commission made certain modifications to the agreement to ensure it met the statutory requirements for approval.

The Fair Work Commission approved the safeguard agreement with modifications, ensuring that it complied with the Fair Work Act. The approved agreement included specific amendments to address the union's concerns regarding wages and conditions. The modifications were designed to provide better protections for the employees while maintaining the overall intent of the original 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