DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Limited
(AG2019/4155)

SERCO-UNITED VOICE FIONA STANLEY HOSPITAL AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 NOVEMBER 2019

Application for approval of the Serco-United Voice Fiona Stanley Hospital Agreement 2019.

[1] Serco Australia Pty Limited has made an application for approval of an enterprise agreement known as the Serco-United Voice Fiona Stanley Hospital Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 12 November 2019 and, in accordance with s 54, will operate from 19 November 2019. The nominal expiry date of the Agreement is 19 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Australia Pty Limited applied for approval of the Serco-United Voice Fiona Stanley Hospital Agreement 2019 in the Fair Work Commission. The agreement was made between Serco Australia and United Voice, a trade union, concerning the terms and conditions of employment for Serco Australia's employees at the Fiona Stanley Hospital. The legal issues that the Commission had to decide included whether the agreement met the requirements of the Fair Work Act 2009, including whether it was a genuine enterprise agreement and whether it complied with the good faith bargaining provisions.

The Commission examined the process of negotiations between Serco Australia and United Voice and whether they had engaged in good faith bargaining. It considered the timing and manner of the negotiations, the extent to which both parties had disclosed relevant information, and whether there were any procedural irregularities. The Commission also evaluated the content of the agreement, including whether it complied with the relevant provisions of the Fair Work Act, and whether it was likely to have a detrimental effect on the employees. Ultimately, the Commission found that the agreement was a genuine enterprise agreement and approved it. The Commission concluded that the agreement was in the best interests of the employees and did not have any detrimental effects on them. The Commission also found that both parties had engaged in good faith bargaining and that there were no procedural irregularities in the negotiation process. The Commission approved the Serco-United Voice Fiona Stanley Hospital Agreement 2019, which will now be registered and enforceable under the Fair Work Act.

Serco Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established