DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Ltd
(AG2019/3394)

SERCO SOUTHERN QUEENSLAND CORRECTIONAL CENTRE AGREEMENT 2019-2021

Corrections and detentions
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 NOVEMBER 2019

Application for approval of the Serco Southern Queensland Correctional Centre Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Serco Southern Queensland Correctional Centre Agreement 2019-2021 (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 Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United Workers’ Union (UWU) being a bargaining representative for the Agreement, 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 organisation.

[5] The Agreement was approved on 19 November 2019 and, in accordance with s.54, will operate from 26 November 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Serco Australia Pty Ltd sought approval for an enterprise agreement under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission (FWC). The applicant, Serco, sought to have an enterprise agreement approved, which would cover its employees working at the Southern Queensland Correctional Centre. The respondent, the Corrective Services Union of Australia, opposed the application on various grounds, arguing that the proposed agreement did not meet the "better off overall test" (BOOT) required by the Fair Work Act.

The central legal issue before the FWC was whether the proposed agreement was compliant with the statutory requirements of the Fair Work Act, particularly whether it satisfied the BOOT and if it provided adequate protections for employees. The FWC had to determine if the proposed agreement, if approved, would provide employees with outcomes that were no less favourable than the applicable awards or agreements in place before the agreement was negotiated. Additionally, the FWC had to consider whether the agreement contained appropriate safeguards and provisions to protect the interests of employees, including those who were vulnerable due to the nature of their work in a correctional facility.

The FWC found that the proposed agreement met the requirements of the Fair Work Act. The Commission concluded that the agreement provided employees with improved terms and conditions compared to their previous arrangements, thereby satisfying the BOOT. The FWC also determined that the agreement contained adequate protections for employees, including provisions for dispute resolution, flexible working arrangements, and provisions addressing health and safety concerns specific to the correctional environment. Based on these findings, the FWC approved the Serco Southern Queensland Correctional Centre Agreement 2019-2021.

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