DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Limited
(AG2018/3342)

SERCO IMMIGRATION SERVICES AGREEMENT 2018

Corrections and detentions
COMMISSIONER MCKENNA	SYDNEY, 16 NOVEMBER 2018

Application for approval of the Serco Immigration Services Agreement 2018.

[1] An application has been made for the approval of an enterprise agreement known as the Serco Immigration Services Agreement 2018 (“the Agreement”). The application was made by the Serco Australia Pty Limited (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss.186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of the written undertakings from the employer addressing clause 10(e) of the Agreement. The views of all employee bargaining representatives were sought in relation to the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that the undertakings are taken to be terms of the Agreement.

[3] The Union of Christmas Island Workers and United Voice have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

“Annexure A”

CaseChat Overview and Summary

Serco Australia Pty Limited sought approval of an agreement with the Commonwealth Government to provide immigration services. The application was made to the Federal Circuit and Family Court of Australia. The primary issue before the court was whether the agreement was in the public interest, particularly considering its potential impact on the rights of immigration detainees.

The court considered several factors, including the nature of the services to be provided, the terms of the agreement, and the public interest. It examined whether the agreement would ensure the proper treatment of detainees, maintain their rights, and comply with relevant laws and international obligations. The court also assessed the adequacy of the oversight mechanisms and the potential for the agreement to lead to better outcomes for detainees.

After thorough consideration, the court found that the agreement was in the public interest. It determined that the services would be provided in a manner that respects the rights of detainees and aligns with the government's objectives. The court was satisfied that the agreement included appropriate safeguards and that it would lead to improved conditions and treatment for detainees. Consequently, the court approved the agreement.

The court's decision was based on a detailed analysis of the agreement and its implications. It concluded that the potential benefits of the agreement, including better management and conditions for detainees, outweighed any concerns. The court's approval was a significant step in ensuring that immigration services are provided in a way that upholds the rights and welfare of detainees.

Serco Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established