G4S Custodial Services Pty Ltd

[2013] FWCA 1145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4S Custodial Services Pty Ltd
(AG2013/171)

G4S HEALTH SERVICES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2012

Ambulance and patient transport
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 FEBRUARY 2013

Application for approval of the G4S Health Services Australia Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the G4S Health Services Australia Pty Ltd Enterprise Agreement 2012 (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] 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) of the Act, I note that the Agreement covers the organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2013. The nominal expiry date of the Agreement is 1 November 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

G4S Custodial Services Pty Ltd, an employer, made an application to the Fair Work Commission for approval of the G4S Health Services Australia Pty Ltd Enterprise Agreement 2012. This agreement was to be applied to its employees who are members of the Health Services Union of Australia. The nature of the dispute centred around the procedural fairness of the agreement and whether the application complied with the necessary requirements under the Fair Work Act 2009.

The central legal issues before the court were whether the agreement had been appropriately negotiated and if there was sufficient evidence to support the claim that the agreement had been made in good faith and without coercion. Additionally, the court needed to consider if the agreement met the criteria for being deemed a "single interest" employer agreement. This required scrutiny of the process followed to achieve the agreement and the representation of the employees involved.

In its reasoning, the court examined the evidence provided regarding the negotiation process and the steps taken to ensure the agreement was made in good faith. The court found that there was ample evidence to support the claim that the negotiation process was fair and that the agreement was made without coercion. The court also determined that the agreement met the criteria for a "single interest" employer agreement, as it was applicable to all employees within the specified enterprise. Consequently, the court approved the application for the agreement to be registered, finding it to be compliant with the statutory requirements.

The final order of the court was that the G4S Health Services Australia Pty Ltd Enterprise Agreement 2012 be approved and registered under the Fair Work Act 2009. This decision allowed the agreement to be in effect and applicable to the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established