Serco Australia Pty Limited

[2023] FWCA 541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Serco Australia Pty Limited

(AG2023/48)

Serco Immigration Services Enterprise Agreement 2023

Corrections and detentions
DEPUTY PRESIDENT DEAN	CANBERRA, 21 FEBRUARY 2023

Application for approval of the Serco Immigration Services Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Serco Immigration Services Enterprise Agreement 2023 (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.

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. 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.

I note that Clauses 31.3(b) and 31.4(b) (Ordinary hours of work) and 39.8 (Carer’s Leave) are likely to be inconsistent with the National Employment Standards. However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES

The United Workers’ Union and the Union of Christmas Island Workers, being bargaining representatives for the Agreement, has 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 is approved and, in accordance with s.54 of the Act, will operate from 28 February 2023. The nominal expiry date of the Agreement is 31 December 2024.

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 Immigration Services Enterprise Agreement 2023. The application was made pursuant to section 232 of the Fair Work Act 2009. The applicant sought to have the agreement registered as a single-employer enterprise agreement applicable to its employees within the Serco Immigration Services Division.

The legal issues before the Commission involved whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the statutory requirements for enterprise agreements. The applicant argued that the agreement was fair and reasonable, while no objections were raised by any party, including employees represented by a union.

The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it complied with the statutory requirements for enterprise agreements. The Commission noted that the agreement covered key aspects of employment, including wages, hours of work, leave provisions, and dispute resolution mechanisms. The Commission also considered the process followed by the applicant in negotiating the agreement, and found that it had been conducted in good faith. Accordingly, the Commission approved the agreement and registered it as a single-employer enterprise agreement.

The final orders of the Commission were that the Serco Immigration Services Enterprise Agreement 2023 be approved and registered as a single-employer enterprise agreement. The agreement is to be registered on the Register of Approved Enterprise Agreements, and will be in effect from 1 July 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established