DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Ltd
(AG2014/10802)

SERCO FIONA STANLEY HOSPITAL (MAINTENANCE) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 22 JANUARY 2015

Application for approval of the Serco Fiona Stanley Hospital (Maintenance) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Serco Fiona Stanley Hospital (Maintenance) Enterprise Agreement 2014 (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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 22 January 2015 and, in accordance with s.54, will operate from 29 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves an application by Serco Australia Pty Ltd for the approval of the Serco Fiona Stanley Hospital (Maintenance) Enterprise Agreement 2014. This agreement, which was made between Serco and the Australian Manufacturing Workers' Union (AMWU), aimed to set the terms and conditions of employment for Serco's maintenance workers at the Fiona Stanley Hospital. The application was heard and determined by the Fair Work Commission (FWC).

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under section 231 of the Fair Work Act 2009. This required the FWC to consider various factors, including the balance of the agreement, procedural fairness, and whether the agreement was genuinely negotiated. Additionally, the FWC needed to ensure that the agreement did not negatively impact employees' rights or entitlements.

The Commission found that the agreement was procedurally fair, having been genuinely negotiated between the parties. It noted that the AMWU had actively participated in the negotiations and that the terms of the agreement were fair and reasonable. The FWC considered the balance of the agreement to be appropriate, taking into account the needs of both Serco and its employees. Moreover, the Commission was satisfied that the agreement did not adversely affect the rights or entitlements of employees. Consequently, the Commission approved the proposed enterprise agreement.

The FWC's decision to approve the Serco Fiona Stanley Hospital (Maintenance) Enterprise Agreement 2014 was based on a comprehensive assessment of the agreement's fairness and procedural integrity. The Commission found that the agreement met the necessary criteria for approval under the Fair Work Act 2009, and thus, it granted the application for approval.

Serco Australia Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established