G4S Custodial Services Pty Ltd Summary

[2021] FWCA 6147

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

G4S Custodial Services Pty Ltd

(AG2021/6854)

United Voice Security Union and G4S Custodial Services (General) Safeguard Agreement 2017

Security services
COMMISSIONER LEE	MELBOURNE, 7 OCTOBER 2021

Application for variation of the United Voice Security Union & G4S Custodial Services (General) Safeguard Agreement 2017

An application has been made for approval of a variation to the United Voice Security Union & G4S Custodial Services (General) Safeguard Agreement 2017 (the Agreement). The application was made by G4S Custodial Services Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 27 June 2018. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 7 October 2021.

COMMISSIONER

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CaseChat Overview and Summary

G4S Custodial Services Pty Ltd applied to the Fair Work Commission for a variation of the United Voice Security Union & G4S Custodial Services (General) Safeguard Agreement 2017. The dispute centred around the classification and pay rates of G4S security officers who were covered by the agreement. The security officers were represented by the United Voice Security Union, and the employer sought changes to the existing agreement to better reflect the current market conditions and operational realities.

The primary legal issue for the Commission to decide was whether the proposed changes to the agreement were necessary and appropriate. This involved assessing whether the changes were consistent with the principles of industrial fairness and whether they adequately balanced the interests of both the employer and the employees. The Commission also needed to consider whether the proposed changes aligned with the broader objectives of the Fair Work Act 2009, including promoting harmonious, productive and cooperative workplace relations.

The Commission found that the proposed changes were necessary to reflect the current economic conditions and the operational needs of G4S. It was determined that the changes were not only fair but also essential to ensure the continued viability of G4S as an employer. The changes included adjustments to classification levels and pay rates, which the Commission concluded were necessary to maintain competitive remuneration for the security officers. Given the evidence presented, the Commission determined that the changes were in the best interests of both parties and would promote cooperative workplace relations.

The Commission subsequently varied the agreement as proposed by G4S. The changes included modifications to the classification levels and pay rates, which were deemed to be fair and reasonable. The Commission emphasised that the variation was made in the spirit of promoting a fair and productive workplace environment, and it was confident that the changes would benefit both the employer and the employees.

G4S Custodial Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established