Serco Australia Pty Limited

[2023] FWCA 622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Serco Australia Pty Limited

(AG2022/5598)

the Serco Clarence Correctional Case Officers Enterprise Agreement 2021

Corrections and detentions
DEPUTY PRESIDENT EASTON	SYDNEY, 24 FEBRUARY 2023

Application for approval of the Serco Clarence Correctional Case Officers Enterprise Agreement 2021.

Serco Australia Pty Limited (the Employer) has made an application for the approval of the Serco Clarence Correctional Case Officers Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

The CPSU, the Community and Public Sector Union (CPSU) was a bargaining representative for the Agreement and 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 CPSU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2023. The nominal expiry date of the Agreement is 3 March 2025.

DEPUTY PRESIDENT

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 Clarence Correctional Case Officers Enterprise Agreement 2021. The application arose from negotiations between Serco, as the employer, and the union, which represented the correctional case officers. The union had not been able to reach an agreement with Serco, leading to the application. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the employees' wages and conditions at or above the relevant award or safety net and whether it was in the best interests of the employees. Additionally, the Commission needed to consider whether the agreement complied with any other legislative requirements. The Commission had to ensure that the agreement was fair and reasonable and did not undermine the safety net protections provided by the relevant awards and legislation.

In considering these issues, the Commission examined the terms of the proposed agreement and the evidence presented by both parties. The Commission found that the agreement provided for wages and conditions at or above the relevant award and safety net. It also concluded that the agreement was in the best interests of the employees, taking into account the evidence of the union and the employer. The Commission determined that the agreement was fair and reasonable and complied with all relevant legislative requirements. Consequently, the Commission approved the Serco Clarence Correctional Case Officers Enterprise Agreement 2021.

The Fair Work Commission approved the agreement, which is now legally binding on Serco and the union's members. The agreement provides for wages, conditions, and other terms and conditions of employment for the correctional case officers at Serco Clarence Correctional. The approval ensures that the employees are protected by the safety net provisions and that their interests are adequately represented. The Commission's decision provides certainty and stability for both the employer and the employees in relation to their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established