DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Limited
(AG2016/5628)

SERCO - UNITED VOICE FIONA STANLEY HOSPITAL AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2016

Application for approval of the Serco - United Voice Fiona Stanley Hospital Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Serco - United Voice Fiona Stanley Hospital Agreement 2016 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The United Voice 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.

[4] The Agreement was approved on 26 October 2016 and, in accordance with s.54, will operate from 2 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Australia Pty Limited sought approval for a new enterprise agreement from the Fair Work Commission. The application involved the Serco – United Voice Fiona Stanley Hospital Agreement 2016. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The legal issues before the court were whether the agreement provided for the genuine and fair protection of employees' rights and interests, and whether it adhered to the procedural requirements stipulated by the Act.

The court assessed the agreement in light of statutory provisions and case law. It examined whether the agreement addressed fundamental aspects such as minimum wages, conditions, and dispute resolution mechanisms. The court also considered whether the agreement had been fairly and genuinely negotiated between the parties and if it complied with procedural prerequisites like proper notification and consultation. The court's decision was influenced by previous interpretations of the Act and relevant case law, which emphasised the importance of genuine negotiation and the protection of employees' rights.

Ultimately, the Fair Work Commission approved the agreement, finding that it met the statutory criteria. The court was satisfied that the agreement provided for fair and genuine protection of employees' rights and interests, and that it complied with all procedural requirements. The court's reasoning was based on a thorough examination of the agreement's provisions and the evidence presented regarding the negotiation process. The approval of the agreement was deemed to be in the best interests of the employees and the employer.

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