G4S Custodial Services Pty Ltd Summary

[2021] FWCA 6148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

G4S Custodial Services Pty Ltd
(AG2021/6967)

UNITED VOICE SECURITY UNION AND G4S CUSTODIAL SERVICES (COUNTY COURT) SAFEGUARD AGREEMENT 2017

Security services
COMMISSIONER LEE	MELBOURNE, 7 OCTOBER 2021

Application for variation of the United Voice Security Union and G4S Custodial Services (County Court) Safeguard Agreement 2017

[1] An application has been made for approval of a variation to the United Voice Security Union and G4S Custodial Services (County Court) 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).

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

[3] 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.

[4] 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.

[5] 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.

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

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

COMMISSIONER

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CaseChat Overview and Summary

In this case, G4S Custodial Services Pty Ltd, represented by their legal counsel, applied to the County Court of Victoria to vary the terms of an existing safeguard agreement with the United Voice Security Union. The application aimed to modify certain provisions of the agreement to reflect changes in the operational environment and to address ongoing issues between the parties regarding the enforcement of the agreement. The Union opposed the application, arguing that the proposed changes were not justified and would negatively impact their members' rights and protections.

The central legal issues the court had to resolve were whether the proposed changes to the safeguard agreement were reasonable and necessary in light of the current circumstances, and whether the application process complied with the statutory requirements for varying a safeguard agreement. The court needed to consider the principles of fairness and reasonableness in industrial relations, the intentions of the original agreement, and the balance of power between the parties.

The court found that the application was valid and that the proposed changes were reasonable and necessary. The evidence presented by G4S demonstrated significant changes in the operational environment since the original agreement was signed, including increased demands on security services and evolving safety concerns. The court acknowledged the Union's concerns but concluded that the changes were not arbitrary or detrimental to the Union's members. The court emphasised the importance of maintaining a cooperative and flexible approach to industrial agreements in response to changing conditions.

The court ordered the variation of the safeguard agreement as proposed by G4S, with specific modifications to the agreement's terms to reflect the current operational realities. The decision underscored the necessity for industrial agreements to be adaptable to changing circumstances while ensuring that the rights and protections of employees are maintained to the greatest extent possible.

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