Serco Australia Pty. Limited Summary

[2018] FWCA 1008

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Serco Australia Pty. Limited

(AG2017/5897)

Serco CPSU Acacia Prison General Enterprise Agreement 2017

Corrections and detentions
Deputy President Colman	MELBOURNE, 15 FEBRUARY 2018

Application for approval of the Serco CPSU Acacia Prison General Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Serco CPSU Acacia Prison General Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Serco Australia Pty. Limited. The agreement is a single enterprise agreement.

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.

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.

The CPSU, the Community and Public Sector 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.

The Agreement was approved on 15 February 2018 and, in accordance with s.54, will operate from 22 February 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Serco Australia Pty. Limited, in its capacity as the employer, applied to the Fair Work Commission for the approval of the Serco CPSU Acacia Prison General Enterprise Agreement 2017. The agreement was intended to regulate the terms and conditions of employment for certain employees of Serco working at the Acacia Prison. The dispute arose due to the need for the agreement to be approved by the Commission as it involved employees who are not covered by a registered agreement and who are not employed in an industrial award.

The primary legal issue before the Commission was whether the proposed agreement provided fair and reasonable terms and conditions for the employees, in line with the Fair Work Act 2009. The Commission had to consider whether the agreement met the "better off overall test" (BOOT), which required that the employees be no worse off financially and at least as well off in other respects compared to their previous conditions. Additionally, the Commission needed to ensure that the agreement complied with the "good faith" requirements and did not undermine the protective provisions of the Fair Work Act.

The Commission found that the proposed agreement met the BOOT and was in good faith. The terms and conditions of employment provided under the agreement were deemed to be fair and reasonable. The agreement included provisions for wages, leave entitlements, and other employment conditions that were at least as good as, if not better than, the employees' previous conditions. The Commission was satisfied that the agreement did not undermine any protective provisions of the Fair Work Act and thus approved the application for the agreement.

The Commission approved the Serco CPSU Acacia Prison General Enterprise Agreement 2017, confirming its compliance with the relevant statutory requirements. This decision legally binds the parties to the terms and conditions set out in the agreement, governing the employment of the affected workers at the Acacia Prison.

Serco Australia Pty. Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established