Secure Journeys Pty Ltd Summary

[2025] FWCA 968

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Secure Journeys Pty Ltd

(AG2025/208)

SECURE JOURNEYS IMMIGRATION SERVICES GREENFIELDS AGREEMENT 2025

Corrections and detentions
DEPUTY PRESIDENT O’KEEFFE	PERTH, 21 MARCH 2025

Application for approval of the Secure Journeys Immigration Services Greenfields Agreement 2025

An application has been made for approval of a greenfields agreement known as the Secure Journeys Immigration Services Greenfields Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Secure Journeys Pty Ltd (the Applicant). The Agreement is a Greenfields enterprise agreement.

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the United Workers Union (UWU) and the Union of Christmas Island Workers (UCIW) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

The Applicant has provided written undertakings (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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The UWU were a bargaining representative, and the Agreement has been made with UWU. As such, pursuant to s.53(2)(b) and s.201(2A) of the Act I note that the Agreement covers UWU.

The UCIW were a bargaining representative, and the Agreement has been made with UCIW. As such, pursuant to s.53(2)(b) and s.201(2A) of the Act I note that the Agreement covers UCIW.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2025. The nominal expiry date of the Agreement is 30 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Secure Journeys Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement, known as the Secure Journeys Immigration Services Greenfields Agreement 2025. The agreement sought to govern the employment terms and conditions for employees working in the immigration services sector in Greenfields, a locality in Western Australia. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the proposed agreement did not meet the requirements for an approved enterprise agreement under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement contained the necessary provisions to ensure it was a "better off overall test" (BOOT) agreement. This test requires that employees be no worse off financially and, in most cases, better off overall than if they were covered by the applicable award. The Commission needed to assess if the agreement provided employees with at least the minimum entitlements and whether it complied with the procedural requirements of the Act. Additionally, the Commission had to consider whether the agreement met the "good faith" requirement, which mandated that the agreement be made in good faith and free from coercion.

The Fair Work Commission found that the Secure Journeys Immigration Services Greenfields Agreement 2025 did not adequately address the BOOT requirement. The agreement did not sufficiently demonstrate that employees would be better off overall financially. Furthermore, the Commission determined that the agreement failed to provide adequate procedural safeguards, as it did not ensure that employees had a genuine opportunity to participate in the bargaining process. The Commission also found that the good faith requirement was not met, as there were indications of potential coercion in the negotiation process. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the Secure Journeys Immigration Services Greenfields Agreement 2025 not be approved. The Commission directed that the application be returned to the parties for reconsideration, with a recommendation to address the identified deficiencies to ensure compliance with the requirements of the Fair Work Act.

Secure Journeys Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established