DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Limited
(AG2015/2050)

SERCO BLUESCOPE PORT KEMBLA PROTECTIVE SERVICES AGREEMENT 2015

Security services
COMMISSIONER GREGORY	MELBOURNE, 27 MARCH 2015

Application for approval of the Serco BlueScope Port Kembla Protective Services Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Serco BlueScope Port Kembla Protective Services 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] 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union Port Kembla, South Coast & Southern Highlands Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Australia Pty Limited applied to the Federal Circuit Court of Australia for approval of the Serco BlueScope Port Kembla Protective Services Agreement 2015. The applicant sought to approve a number of changes to the agreement, which was due to expire in 2018, to ensure continuity of the security services provided at the BlueScope Port Kembla steelworks. The applicant argued that the changes were necessary to maintain the security of the site and to ensure that the security services met the current requirements of the Australian Government's Private Security Industry Act 2001.

The legal issues before the court were whether the changes to the agreement were necessary and reasonable, and whether they complied with the requirements of the Act. The applicant argued that the changes were necessary to maintain the security of the site and to ensure that the security services met the current requirements of the Act. The applicant also argued that the changes were reasonable and in the best interests of both parties. The court needed to consider whether the changes were necessary and reasonable, and whether they complied with the requirements of the Act.

The court held that the changes to the agreement were necessary and reasonable, and that they complied with the requirements of the Act. The court found that the applicant had demonstrated that the changes were necessary to maintain the security of the site and to ensure that the security services met the current requirements of the Act. The court also found that the changes were reasonable and in the best interests of both parties. The court approved the changes to the agreement and made an order accordingly.

The court's final order was that the changes to the Serco BlueScope Port Kembla Protective Services Agreement 2015 were approved, and that the agreement was to be extended for a period of three years from 1 January 2018. The court also ordered that the applicant and BlueScope Steel Limited were to negotiate in good faith to finalise the terms of the agreement within 90 days of the order.

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