G4S Custodial Services Pty Ltd

[2023] FWCA 488

[2023] FWCA 488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G4S Custodial Services Pty Ltd

(AG2023/120)

UWU and G4S (General) Safeguard Agreement 2022

Security services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 20 FEBRUARY 2023

Application for approval of the UWU and G4S (General) Safeguard Agreement 2022

1. G4S Custodial Services Pty Ltd has applied for approval of an enterprise agreement known as the UWU and G4S (General) Safeguard Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The United Workers’ Union 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 8.1.4 – Notice of termination by the Company;

·   Clause 8.2.2 – Notice of termination by an employee;

·   Clause 9 – Abandonment;

·   Clause 10.6 – Alternative employment;

·   Clause 25.4.1 – Facilitative provisions; and

·   Clause 29 – Compassionate Leave.

However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2023. The nominal expiry date of the Agreement is 19 February 2027.

DEPUTY PRESIDENT

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Annexure A