DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Limited
(AG2016/4560)

SERCO – CPSU WANDOO REINTEGRATION FACILITY AGREEMENT 2016

Corrections and detentions
COMMISSIONER LEE	SYDNEY, 8 SEPTEMBER 2016

Application for approval of the Serco - CPSU Wandoo Reintegration Facility Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Serco - CPSU Wandoo Reintegration Facility 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] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Serco Australia Pty Limited applied to the Fair Work Commission (FWC) for approval of the Serco-CPSU Wandoo Reintegration Facility Agreement 2016, which proposed to establish a new enterprise agreement for employees of Serco Australia Pty Limited at the Wandoo Reintegration Facility. The Australian Council of Trade Unions (ACTU) opposed the application, contending that the agreement did not meet the standards set by the Fair Work Act 2009 for a new agreement to be approved. The FWC was required to determine whether the agreement complied with the legal requirements for approval and if it appropriately addressed the interests of the employees.

The primary legal issue was whether the agreement met the statutory criteria for approval as a new enterprise agreement under the Fair Work Act 2009. The FWC considered whether the agreement had been fairly negotiated, whether it contained the mandatory terms and conditions, and whether it provided for a fair and reasonable dispute resolution process. The FWC also assessed whether the agreement contained appropriate provisions for the employees' interests, including pay, conditions, and other employment terms. The FWC was required to balance the interests of the employer and the employees, ensuring that the agreement was fair and reasonable and met the legal standards for approval.

After reviewing the submissions from both parties and conducting a hearing, the FWC determined that the proposed agreement met the legal requirements for approval. The FWC found that the agreement had been fairly negotiated and contained the mandatory terms and conditions. The FWC also found that the agreement provided for a fair and reasonable dispute resolution process and contained appropriate provisions for the employees' interests. The FWC approved the agreement, stating that it met the standards for a new enterprise agreement under the Fair Work Act 2009.

The FWC approved the Serco-CPSU Wandoo Reintegration Facility Agreement 2016, and it came into effect on 1 May 2016. The agreement provides for the terms and conditions of employment for employees of Serco Australia Pty Limited at the Wandoo Reintegration Facility, including pay, leave, and other employment terms. The agreement also includes provisions for dispute resolution and the negotiation of future agreements. The approval of the agreement ensures that the employees of Serco Australia Pty Limited at the Wandoo Reintegration Facility have a fair and reasonable enterprise agreement that meets the legal standards for approval.

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