Serco Australia Pty Limited

Case [2017] FWCA 5506


[2017] FWCA 5506

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Serco Australia Pty Limited

(AG2017/3538)

Serco Fiona Stanley Hospital (Maintenance) Enterprise Agreement 2017

Health and welfare services

Deputy President Masson

MELBOURNE, 24 OCTOBER 2017

Application for approval of the Serco Fiona Stanley Hospital (Maintenance) Enterprise Agreement 2017.

  1. An application has been made for approval of an enterprise agreement known as the Serco Fiona Stanley Hospital (Maintenance) 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.

  1. 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.

  1. Subject to the undertakings referred to above, 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.

  1. The Construction, Forestry, Mining and Energy Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2017. The nominal expiry date of the Agreement is 30 June 2020.


DEPUTY PRESIDENT

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Annexure A

Details
AGLC
Serco Australia Pty Limited [2017] FWCA 5506
Case
[2017] FWCA 5506
Decision Date

CaseChat Overview and Summary

Serco Australia Pty Limited applied to the Fair Work Commission for approval of the Serco Fiona Stanley Hospital (Maintenance) Enterprise Agreement 2017. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for maintenance workers at the hospital. The Australian Health Services Union, as the relevant trade union, contested the application on behalf of the employees.

The legal issues before the Commission were whether the agreement provided for the employees' terms and conditions of employment in a fair and reasonable manner, and whether it complied with the relevant provisions of the Fair Work Act. The Commission considered whether the agreement met the "better off overall test", ensuring that employees were not worse off than under their previous agreements, and if it contained the mandated minimum terms and conditions as outlined by the Act.

The Commission determined that the agreement was fair and reasonable, meeting the better off overall test. It found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the mandatory minimum terms and conditions set out in the Fair Work Act. The Commission approved the application, and the Serco Fiona Stanley Hospital (Maintenance) Enterprise Agreement 2017 was registered with the Fair Work Commission.

The Fair Work Commission approved the Serco Fiona Stanley Hospital (Maintenance) Enterprise Agreement 2017, registering it with the Commission. The decision confirmed that the agreement provided for fair and reasonable terms and conditions of employment and complied with the Fair Work Act. The employees would now be governed by the terms of the approved agreement, which would regulate their employment conditions at the hospital.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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