DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Serco Australia Pty Ltd
(AG2015/2745)

SERCO AND QNU - SOUTHERN QUEENSLAND CORRECTIONAL CENTRE-AND SOUTHERN QUEENSLAND WOMEN'S CORRECTIONAL CENTRES NURSES' AGREEMENT 2015

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 3 JULY 2015

Application for approval of the Serco and QNU - Southern Queensland Correctional Centre-and Southern Queensland Women's Correctional Centres Nurses' Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Serco and QNU - Southern Queensland Correctional Centre-and Southern Queensland Women's Correctional Centres Nurses' Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Serco Australia Pty Ltd.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation and the Queensland Nurses’ Union of Employees, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] On 25 June 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 10 July 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Australia Pty Ltd recently brought an application before the Fair Work Commission (FWC) seeking approval of an enterprise agreement with the Queensland Nurses' Union (QNU). The application related to the Serco and QNU - Southern Queensland Correctional Centre and Southern Queensland Women's Correctional Centres Nurses' Agreement 2015. The parties were engaged in a dispute regarding the terms and conditions of employment for registered nurses at two correctional centres operated by Serco. The FWC was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the FWC centred on whether the agreement was a "simplified procedure agreement" eligible for approval under the simplified procedure provisions of the Fair Work Act, and whether the agreement complied with the good faith bargaining and other substantive fairness requirements. Key concerns included whether the agreement appropriately balanced the interests of the employer and the employees and whether it complied with the relevant provisions of the Act. The FWC had to ensure that the agreement did not contain any terms that would be contrary to public policy or be otherwise unlawful.

The FWC concluded that the agreement was eligible for approval under the simplified procedure provisions as it contained terms and conditions that were consistent with the provisions of the Fair Work Act. The Commission determined that the agreement met the requirements for good faith bargaining and was substantively fair. The FWC noted that the agreement provided for reasonable working conditions, appropriate remuneration, and other terms and conditions that were in line with industry standards. The Commission was satisfied that the agreement appropriately balanced the interests of both parties and did not contain any terms that were contrary to public policy or otherwise unlawful. As a result, the FWC approved the agreement.

In summary, the FWC approved the Serco and QNU - Southern Queensland Correctional Centre and Southern Queensland Women's Correctional Centres Nurses' Agreement 2015. The Commission found that the agreement was eligible for approval under the simplified procedure provisions and met the requirements for good faith bargaining and substantive fairness. The decision provides clarity for employers and employees regarding the terms and conditions of employment at the correctional centres and ensures that the agreement is in compliance with 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