G4S Custodial Services Pty Ltd

[2014] FWCA 854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4S Custodial Services Pty Ltd
(AG2013/12882)

G4S CUSTODIAL SERVICES PTY LTD SOUTH AUSTRALIA PRISONER TRANSPORT AND IN-COURT MANAGEMENT TWU ENTERPRISE AGREEMENT 2013

Corrections and detentions
DEPUTY PRESIDENT SMITH	MELBOURNE, 5 FEBRUARY 2014

Application for approval of the G4S Custodial Services Pty Ltd South Australia Prisoner Transport and In-Court Management TWU Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the G4S Custodial Services Pty Ltd South Australia Prisoner Transport and In-Court Management TWU Enterprise Agreement 2013 (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 employer has provided undertakings pursuant to s.190 of the Act. I am satisfied that the undertakings meet my concerns. The undertakings are attached to this decision at Attachment A, and are taken to form part of the Agreement.

[3] 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.

[4] 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 this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2014. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The case involved an application by G4S Custodial Services Pty Ltd for approval of the G4S Custodial Services Pty Ltd South Australia Prisoner Transport and In-Court Management TWU Enterprise Agreement 2013. The application was heard by the Fair Work Commission, specifically Commissioner J R C Smith. The Transport Workers Union of Australia was the other party involved in the agreement.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. The focus was on whether the agreement met the criteria for being a "modern award" as defined by the Act, including whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The Commission also considered the process by which the agreement was negotiated and whether it was consistent with the principles of good faith bargaining.

The Commission determined that the agreement did indeed meet the statutory requirements for approval. It found that the agreement provided for fair and reasonable terms and conditions, and was made in good faith. The Commission was satisfied that the negotiation process adhered to the principles of good faith bargaining, and that the agreement did not contain any terms that were contrary to public policy or that would have an adverse impact on the welfare of employees. Commissioner Smith noted that the agreement addressed various aspects of employment, including wages, working conditions, and dispute resolution mechanisms, and that it was comprehensive and well-structured.

The Fair Work Commission approved the G4S Custodial Services Pty Ltd South Australia Prisoner Transport and In-Court Management TWU Enterprise Agreement 2013. The approval was granted on the basis that the agreement met the necessary legal criteria and provided for fair and reasonable terms and conditions of employment. The decision ensures that the agreement can be implemented and enforced, providing certainty and stability to the parties involved in the employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established