DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4S Custodial Services Pty Ltd
(AG2021/5799)

G4S LONG BAY FORENSIC HOSPITAL ENTERPRISE AGREEMENT 2021

Security services
COMMISSIONER YILMAZ	MELBOURNE, 20 JULY 2021

Application for approval of the G4S Long Bay Forensic Hospital Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the G4S Long Bay Forensic Hospital Enterprise Agreement 2021 (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 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 9.2.2(d) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and in accordance with s.54, will operate from 27 July 2021. The nominal expiry date of the Agreement is 30 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by G4S Custodial Services Pty Ltd for the approval of the G4S Long Bay Forensic Hospital Enterprise Agreement 2021. The agreement was proposed to govern the terms and conditions of employment for employees working within the Long Bay Forensic Hospital. The application was brought forward to ensure the agreement met the necessary standards under the Fair Work Act 2009. The primary dispute centred on whether the agreement complied with the statutory requirements for enterprise agreements, particularly concerning procedural fairness, good faith bargaining, and the coverage of the agreement.

The legal issues before the Commission included whether the agreement was made in good faith, whether the agreement had been fairly negotiated, and whether the agreement was appropriately certified as covering all employees within the specified bargaining unit. Additionally, the Commission needed to determine if the agreement provided adequate protections for employees and whether it complied with the prescribed minimum terms and conditions set out in the Fair Work Act. The applicant argued that the agreement had been negotiated in good faith and fairly, while also meeting all statutory requirements for approval.

The Fair Work Commission found that the agreement was indeed made in good faith and had been fairly negotiated. The Commission noted the comprehensive process followed in reaching the agreement, including the extensive consultation with employee representatives. The Commission also found that the agreement provided adequate protections for employees and met all the prescribed minimum terms and conditions. In particular, the Commission highlighted the agreement's alignment with the Fair Work Act and its provisions for procedural fairness. The Commission approved the application for the agreement's registration, confirming its compliance with all statutory requirements.

G4S Custodial Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established