DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Limited
(AG2015/2603)

SERCO TRANSPORT SERVICES AGREEMENT 2015

Passenger vehicle transport (non rail) industry
COMMISSIONER LEE	MELBOURNE, 28 MAY 2015

Application for approval of the Serco Transport Services Agreement 2015.

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

[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.

[3] The Australian Workers’ 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.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 4 June 2015. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Australia Pty Limited applied to the Fair Work Commission for approval of the Serco Transport Services Agreement 2015, which was intended to be a registered agreement under the Fair Work Act 2009. The application was opposed by the Transport Workers Union (TWU). The primary issue before the commission was whether the agreement met the requirements for registration under the Fair Work Act, specifically focusing on whether the agreement provided for the fair and efficient determination of employees' terms and conditions of employment.

The commission first examined the provisions of the agreement to determine if it allowed for the fair and efficient determination of employees' terms and conditions of employment. It found that the agreement provided for certain terms and conditions, but highlighted several issues that needed resolution. The commission noted that the agreement contained provisions that were not consistent with the Fair Work Act and that some of the terms and conditions were not sufficiently detailed. Additionally, the commission considered whether the agreement was made in good faith and whether it provided for a fair process for resolving disputes.

Ultimately, the commission decided that the agreement did not meet the requirements for registration under the Fair Work Act. The commission found that while the agreement provided for some terms and conditions of employment, it was not sufficiently detailed and did not allow for the fair and efficient determination of those terms and conditions. The commission also found that some of the provisions were not consistent with the Fair Work Act and that there were issues with the good faith requirement. As a result, the commission rejected the application for approval of the agreement.

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