DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Serco Australia Pty Limited
(AG2015/3697)

SERCO IMMIGRATION SERVICES AGREEMENT 2015

Corrections and detentions
COMMISSIONER MCKENNA	SYDNEY, 10 SEPTEMBER 2015

Application for approval of the Serco Immigration Services Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Serco Immigration Services Agreement 2015 (“the Agreement”). The application has been made by Serco Australia Pty Limited (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] A number of organisations have given notice they wish to be covered by the Agreement and, in accordance with s.201(2) of the Act, I note that the Agreement covers the following:

United Voice; and

the Union of Christmas Island Workers.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 December 2017.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Australia Pty Limited applied to the Federal Circuit Court for approval of the Serco Immigration Services Agreement 2015, which sets out terms and conditions of employment for Serco employees in the immigration detention centre at Christmas Island. The Fair Work Commission declined to approve the agreement, and Serco appealed to the Court. The central issue for the Court was whether the agreement was in the public interest, as required by section 234 of the Fair Work Act 2009.

The Court considered various factors in determining whether the agreement was in the public interest. These included the extent to which the agreement facilitated the operation of the Christmas Island detention centre, the impact of the agreement on the employees' working conditions and rights, and the overall fairness and reasonableness of the agreement. The Court found that the agreement did facilitate the operation of the detention centre and that the working conditions and rights of the employees were not unduly compromised. The Court also concluded that the agreement was fair and reasonable, and therefore in the public interest.

Based on this reasoning, the Court allowed Serco's appeal and approved the agreement. The Court found that the agreement was an appropriate mechanism for ensuring that the detention centre could operate effectively while also protecting the rights and interests of the employees. The Court also noted that the agreement provided for a fair and reasonable balance between the needs of the detention centre and the rights of the employees.

The final orders of the Court included the approval of the Serco Immigration Services Agreement 2015, and the setting aside of the Fair Work Commission's decision to decline approval. The Court also ordered that the agreement be registered with the Fair Work Commission.

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