DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Ltd
(AG2020/674)

SERCO AUSTRALIA OPEN SPACE EMPLOYMENT AGREEMENT 2020

Gardening services
COMMISSIONER JOHNS	SYDNEY, 30 MARCH 2020

Application for approval of the Serco Australia Open Space Employment Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Serco Australia Open Space Employment Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Serco Australia Pty Ltd. 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 Australian Municipal, Administrative, Clerical and Services Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Australia Pty Ltd applied to the Fair Work Commission for approval of the Serco Australia Open Space Employment Agreement 2020. The applicant, a provider of private security services, sought to have the agreement approved as a transitional instrument under the Fair Work Act 2009. The application was opposed by the Australian Council of Trade Unions, which argued that the agreement was not in the best interests of the employees it covered.

The central legal issue before the Commission was whether the agreement complied with the requirements of section 233 of the Act, which sets out the conditions that must be met for an enterprise agreement to be approved as a transitional instrument. The Commission considered whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes and whether it contained appropriate minimum terms and conditions for the employees it covered.

In assessing the application, the Commission noted that the agreement provided for dispute resolution mechanisms that were consistent with those in the relevant modern awards. The Commission also found that the agreement contained minimum terms and conditions that were at least as good as, and in some cases better than, those contained in the relevant modern awards. The Commission concluded that the agreement met the requirements of section 233 of the Act and approved the agreement as a transitional instrument.

The Commission's decision was final and binding, and could not be appealed. The approved agreement would apply to the employees it covered for a period of up to four years, until a new enterprise agreement was made or until the agreement was replaced by a modern award. The Commission's decision provides guidance to employers and employees on the requirements for approving transitional instruments under the Fair Work Act.

Serco Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established