| [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.
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.
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, 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 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.
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
Printed by authority of the Commonwealth Government Printer
<Price code G, AE425836 PR597057>
Annexure A
- AGLC
- Serco Australia Pty Limited [2017] FWCA 5506
- Case
- [2017] FWCA 5506
- Decision Date
CaseChat Overview and Summary
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
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.