DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Ltd
(AG2017/4011)

SERCO AUSTRALIA OPEN SPACE EMPLOYMENT AGREEMENT 2017

Gardening services
COMMISSIONER LEE	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the Serco Australia Open Space Employment Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Serco Australia Open Space Employment Agreement 2017 (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] 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 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 16 November 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Serco Australia Pty Ltd, applied for approval of the Serco Australia Open Space Employment Agreement 2017. This was opposed by the Australian Services Union (ASU). The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue was whether the agreement was a "single interest" enterprise agreement, as defined by section 172 of the Act. The ASU argued that the agreement failed to meet this criterion because it included employees from multiple employers, while Serco Australia maintained that the agreement was a single interest enterprise agreement as it involved employees working in a single interest enterprise, namely Serco Australia.

The FWC found that the agreement was a single interest enterprise agreement, as the employees were engaged in the same industry and the agreement was not made for the purpose of avoiding the operation of another agreement. The FWC also found that the agreement met the other requirements of the Act, including that it was made in good faith and covered employees in a single enterprise. Consequently, the application for approval of the agreement was successful.

The FWC approved the Serco Australia Open Space Employment Agreement 2017, subject to certain modifications to ensure compliance with the Act. The modifications included changes to the agreement's provisions on redundancy payments, shift penalties, and the calculation of overtime. The FWC also made orders to ensure that the agreement was brought to the attention of all relevant employees and that any existing agreements were terminated.

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