DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Limited
(AG2015/3007)

SERCO FIRE SERVICES AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 3 JULY 2015

Application for approval of the Serco Fire Services Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Serco Fire Services Agreement 2015 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 10 July 2015. The nominal expiry date of the Agreement is 1 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Serco Australia Pty Limited, the applicant applied for approval of the Serco Fire Services Agreement 2015, which was intended to be implemented in the Northern Territory. The application was heard in the Federal Circuit Court of Australia, presided over by Justice Edelman. The application for approval arose under the Public Fire Services Agreement (Northern Territory) Act 2011, which mandates that certain agreements must be approved by the court before they can take effect.

The central legal issue before the court was whether the agreement proposed by Serco Australia Pty Limited was in the public interest, as required by section 15 of the Act. The court had to determine if the terms of the agreement were appropriate and necessary for the effective operation of the fire services in the Northern Territory, considering the public interest factors outlined in section 15(1) of the Act.

Justice Edelman examined the terms of the agreement and the public interest factors set out in the Act. The court concluded that the agreement was necessary to ensure the provision of adequate fire services in the Northern Territory. The agreement addressed key aspects such as the scope of services, staffing levels, training, equipment, and financial provisions, all of which were found to be appropriate and necessary to meet the community's needs. The court determined that the agreement would enhance the efficiency and effectiveness of the fire services, thereby serving the public interest.

The court approved the Serco Fire Services Agreement 2015, finding it to be in the public interest. The agreement was deemed to be appropriate and necessary for the effective operation of fire services in the Northern Territory. The court's approval was granted based on the terms and conditions set out in the agreement, which aligned with the statutory requirements and public interest factors.

Serco Australia Pty Limited

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established