G4S Custodial Services Pty Ltd

[2023] FWCA 2320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G4S Custodial Services Pty Ltd

(AG2023/2260)

G4S VICTORIAN PRISONER TRANSPORT SERVICES ENTERPRISE AGREEMENT 2023

Corrections and detentions
DEPUTY PRESIDENT BELL	MELBOURNE, 26 JULY 2023

Application for approval of the G4S Victorian Prisoner Transport Services Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the G4S Victorian Prisoner Transport Services Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer G4S Custodial Services Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 28 September 2022 and the Agreement was made on 23 June 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The CPSU, the Community and Public Sector Union and Transport Workers’ Union of Australia (TWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 26 July 2023 and, in accordance with s.54 of the Act, will operate from 2 August 2023. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, G4S Custodial Services Pty Ltd applied for the approval of the G4S Victorian Prisoner Transport Services Enterprise Agreement 2023. The application was brought pursuant to section 232 of the Fair Work Act 2009, seeking the Commission’s approval of the proposed enterprise agreement. The applicant sought to have the agreement made applicable to its employees who are involved in prisoner transport services in Victoria. The nature of the dispute centred around the terms and conditions of employment as proposed in the agreement, including wage rates, hours of work, leave provisions, and other employment-related matters.

The legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to determine if the agreement provided for minimum entitlements, if it was made in good faith, and if it met the procedural requirements for an enterprise agreement. The applicant argued that the proposed agreement was fair and reasonable, and that it had been made in good faith. The Commission was required to assess the fairness and reasonableness of the agreement, including the balance of benefits and detriments for the employees, and whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the proposed agreement met the statutory requirements under the Fair Work Act. The applicant had demonstrated that the agreement provided for the minimum entitlements prescribed by the Act and the regulations, and that it was made in good faith. The Commission considered the evidence provided by the applicant and the submissions made by the parties. After careful consideration of the evidence and submissions, the Commission approved the G4S Victorian Prisoner Transport Services Enterprise Agreement 2023. The approval was granted on the basis that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the statutory requirements for an enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established