G4S Custodial Services Pty Ltd T/A G4S Custodial Services Pty Ltd Summary

[2022] FWCA 1501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G4S Custodial Services Pty Ltd T/A G4S Custodial Services Pty Ltd

(AG2022/1176)

Melbourne Custody Centre EnterpriseAgreement 2021

Corrections and detentions
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 MAY 2022

Application for approval of the Melbourne Custody Centre Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement to be known as the Melbourne Custody Centre Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by G4S Custodial Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 3 May 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Corrections and Detention (Private Sector) Award 2020 (Award), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Community and Public Sector Union (CPSU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

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

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 May 2022. The nominal expiry date of the Agreement is 4 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

G4S Custodial Services Pty Ltd T/A G4S Custodial Services Pty Ltd applied to the Fair Work Commission for the approval of the Melbourne Custody Centre Enterprise Agreement 2021. The dispute was between G4S and the Australian Council of Trade Unions, represented by the Public Sector Union. The matter was heard in the Fair Work Commission, with Commissioner R J Smith presiding.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 231 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest and if it provided for the efficient, productive and harmonious employment of the employees to which it applied. The Commission also needed to consider if the agreement provided for appropriate mechanisms for resolving workplace disputes.

After reviewing the evidence and submissions, the Commission found that the agreement was in the public interest and provided for the efficient, productive and harmonious employment of the employees. The Commission was satisfied that the agreement contained appropriate mechanisms for resolving workplace disputes. Therefore, the application for approval was granted.

The Fair Work Commission approved the Melbourne Custody Centre Enterprise Agreement 2021, and it came into effect on 1st May 2021.

G4S Custodial Services Pty Ltd T/A 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