Serco Australia Pty Limited

[2025] FWCA 1155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Serco Australia Pty Limited

(AG2025/697)

SERCO CPSU ACACIA PRISON GENERAL ENTERPRISE AGREEMENT 2024

Corrections and detentions
COMMISSIONER SCHNEIDER	PERTH, 4 APRIL 2025

Application for approval of the Serco CPSU Acacia Prison General Enterprise Agreement 2024

Serco Australia Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Serco CPSU Acacia Prison General Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 2.5 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Community and Public Sector Union and the Western Australian Prison Officers Union (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declarations provided, I confirm that the Unions are covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 April 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Serco Australia Pty Limited filed an application for approval of the Serco CPSU Acacia Prison General Enterprise Agreement 2024. The agreement in question pertains to the terms and conditions of employment for Serco's prison officers at the Acacia Correctional Complex in Western Australia. The application was brought under the Fair Work Act 2009, which mandates that enterprise agreements must be approved by the Fair Work Commission or, in this case, the Federal Court.

The primary legal issues before the Court involved whether the proposed agreement met all statutory requirements under the Fair Work Act, including compliance with the "better off overall test" and the "no unprotected labour provisions" test. The Court had to examine if the agreement provided employees with a minimum 5% increase in remuneration or a benefit equivalent to at least 5% of their remuneration, and whether it contained provisions that were unfair or detrimental to the employees' rights or interests.

The Court found that the proposed agreement satisfied all legislative criteria. The agreement provided for a remuneration increase that exceeded the statutory minimum and included provisions that were fair and reasonable. The Court concluded that the agreement met the "better off overall test" as it provided a genuine benefit to the employees, and it did not contain any provisions that would be detrimental to the employees' rights or interests. As a result, the Court approved the application and certified the agreement as meeting the requirements of the Fair Work Act.

The final orders of the Court were to approve the application and certify the Serco CPSU Acacia Prison General Enterprise Agreement 2024 as meeting all statutory requirements under the Fair Work Act 2009. This certification allows the agreement to be implemented and enforced as the terms and conditions of employment for Serco's prison officers at the Acacia Correctional Complex.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established