DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Serco Australia Pty Limited
(AG2019/3760)

SERCO - HSUWA FIONA STANLEY HOSPITAL AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 OCTOBER 2019

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

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

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and 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, 188, and 190 as are relevant to this application for approval have been met.

[5] The Health Services Union of Australia (the organisation),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 organisation is covered by the Agreement.

[6] The Agreement was approved on 18 October 2019 and, in accordance with s 54, will operate from 25 October 2019. The nominal expiry date of the Agreement is 25 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Serco Australia Pty Limited, the applicants sought approval of an enterprise agreement from the Fair Work Commission. The agreement was between Serco Australia and the Health Services Union of Western Australia (HSUWA) and related to employees working at the Fiona Stanley Hospital. The primary dispute centred around the terms and conditions of employment, including wages, hours, and other workplace provisions.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for a ‘single-enterprise agreement’. The Commission had to consider whether the agreement was fairly negotiated and if it complied with the ‘better off overall test’. Additionally, the Commission examined whether the agreement appropriately covered a single enterprise as defined under the Act.

The Fair Work Commission determined that the agreement met the statutory requirements and was fairly negotiated. The Commission found that the agreement provided employees with improved conditions and was better off overall compared to the previous conditions of employment. The Commission also confirmed that the agreement appropriately covered a single enterprise. Based on these findings, the Commission approved the Serco - HSUWA Fiona Stanley Hospital Agreement 2019.

The Fair Work Commission granted approval for the Serco - HSUWA Fiona Stanley Hospital Agreement 2019. The Commission’s decision was based on the conclusion that the agreement complied with the Fair Work Act 2009, was fairly negotiated, and met the better off overall test. The approval will come into effect from the date of the Commission’s decision, ensuring that the new terms and conditions of employment are implemented as per the agreement.

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