Serco Australia Pty Limited
[2023] FWCA 1005
•5 APRIL 2023
| [2023] FWCA 1005 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Serco Australia Pty Limited
(AG2023/652)
SERCO FIONA STANLEY HOSPITAL (NON-CLINICAL) AGREEMENT 2023
| Health and welfare services | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 5 APRIL 2023 |
Application for approval of the Serco Fiona Stanley Hospital (Non-Clinical) Agreement 2023
An application has been made for approval of an enterprise agreement known as the Serco Fiona Stanley Hospital (Non-Clinical) Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Serco Australia Pty Limited. The Agreement is a single enterprise agreement.
The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Health Services Union (HSU) and United Workers’ Union (UWU), 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.
The Agreement was approved on 5 April 2023 and, in accordance with s.54 of the Act, will operate from 12 April 2023. The nominal expiry date of the Agreement is 11 April 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519671 PR760893>
Annexure A
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