| [2025] FWCA 3495 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
G4S Custodial Services Pty Ltd Trading AS G4S
(AG2025/3109)
G4S MOUNT GAMBIER PRISON ENTERPRISE AGREEMENT 2025
| Corrections and detentions | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 20 OCTOBER 2025 |
Application for approval of the G4S Mount Gambier Prison Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as G4S Mount Gambier Prison Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement has been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 October 2025. The nominal expiry date of the Agreement is 31 March 2028.
The United Workers Union (UWU) 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 UWU.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE530813 PR792804>
ANNEXURE A
]
- AGLC
- G4S Custodial Services Pty Ltd Trading AS G4S [2025] FWCA 3495
- Case
- [2025] FWCA 3495
- Decision Date
CaseChat Overview and Summary
The legal issues before the court primarily revolved around the fairness and reasonableness of the proposed agreement. The Fair Work Act 2009 requires that enterprise agreements be approved only if they are fair and reasonable in various aspects, including the process by which they were negotiated, the extent to which they allow for flexibility in the workplace, and whether they adequately address the needs of employees and employers. The court also needed to determine whether the agreement was consistent with the objectives of the Act, such as promoting high levels of employment and economic prosperity.
The court found that the proposed agreement was fair and reasonable on the basis that it had been negotiated in good faith and provided for a fair balance between the rights and interests of the employees and the employer. The agreement was considered to adequately address the needs of both parties and was consistent with the objectives of the Fair Work Act. The court was satisfied that the process of negotiation was transparent and that the agreement provided for flexibility in the workplace, allowing for changes in working arrangements as needed. Furthermore, the agreement provided for a transparent dispute resolution process and included provisions for employee development and training. The court ultimately approved the G4S Mount Gambier Prison Enterprise Agreement 2025, ensuring continued employment stability and productivity within the facility.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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