DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Limited
(AG2015/5073)

SERCO WA CS&CS & TWU AGREEMENT 2015

Corrections and detentions
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 OCTOBER 2015

Application for approval of the Serco WA CS&CS & TWU Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Serco WA CS&CS & TWU Agreement 2015 (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, 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.

[4] The Transport Workers’ Union of Australia 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.

[5] The Agreement was approved on 19 October 2015 and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date of the Agreement is 31 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Serco Australia Pty Limited recently brought an application to the Fair Work Commission for approval of the Serco WA CS&CS & TWU Agreement 2015. The dispute arose from the negotiation process between Serco and the Transport Workers Union, which aimed to establish the terms and conditions of employment for Serco's employees within the Western Australian correctional services and custodial services sectors. The primary legal issues before the Commission involved whether the agreement met the necessary criteria for approval under the Fair Work Act 2009 and if the agreement was genuinely negotiated and in compliance with relevant provisions of the Act.

The Commission examined whether the agreement was made in good faith and without coercion, if it provided fair and reasonable terms and conditions of employment, and if it adhered to the procedural requirements outlined in the Act. Furthermore, the Commission assessed the fairness of the agreement's terms, including wages, hours of work, leave entitlements, and other employment conditions, to ensure they met the 'better off overall test'. The Commission also considered the implications of the agreement on the employees' rights and obligations.

After a thorough examination of the evidence and arguments presented by both parties, the Commission found that the Serco WA CS&CS & TWU Agreement 2015 met the necessary criteria for approval. The Commission determined that the agreement was genuinely negotiated, fair, and reasonable for the employees, and complied with the relevant provisions of the Act. The Commission approved the agreement, noting that it provided adequate protections and benefits for the employees and ensured a fair balance of interests between Serco and the union. The approval of the agreement now allows Serco and the Transport Workers Union to implement the terms and conditions outlined in the agreement, providing certainty and stability for the employees involved.

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