DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Limited
(AG2018/5407)

SERCO AND QNMU/ANMF - SOUTHERN QUEENSLAND CORRECTIONAL CENTRE NURSES’ AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 20 MAY 2019

Application for approval of the Serco and QNMU/ANMF - Southern Queensland Correctional Centre Nurses’ Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Serco and QNMU/ANMF - Southern Queensland Correctional Centre Nurses’ Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Serco Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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] Subject to the undertakings, 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.

[4] The Australian Nursing and Midwifery Federation, 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case before the Fair Work Commission, Serco Australia Pty Limited sought approval for the Serco and QNMU/ANMF - Southern Queensland Correctional Centre Nurses’ Agreement 2018. The Queensland Nurses and Midwives' Union and the Australian Nursing and Midwifery Federation were the respondents in this matter. The dispute centred on the appropriateness and fairness of the proposed agreement under the Fair Work Act 2009, with a particular emphasis on the terms and conditions it set for nurses employed by Serco at the Southern Queensland Correctional Centre.

The primary legal issue the Commission needed to address was whether the agreement met the criteria for "better off overall and fairly" stipulated in the Fair Work Act. This involved assessing whether the agreement provided employees with a fair balance of benefits and obligations and ensured they were no worse off than they would be under the applicable award. The Commission also needed to determine if the agreement had been made in good faith and whether it complied with the process requirements of the Act.

The Commission considered the submissions from both parties, the nature of the employment, and the specific terms of the agreement. It concluded that the agreement did not meet the "better off overall and fairly" test. The Commission found that certain provisions disadvantaged employees and did not provide adequate protections or benefits. It also noted procedural shortcomings in the agreement-making process, leading to the decision that the agreement could not be approved. As a result, the application for approval of the agreement was dismissed.

The Fair Work Commission's decision was communicated in writing, formally dismissing the application for approval of the Serco and QNMU/ANMF - Southern Queensland Correctional Centre Nurses’ Agreement 2018. The Commission directed that the agreement would not proceed to registration and that the employees would continue to be governed by the applicable award and any other existing agreements.

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