Serco Australia Pty Ltd

[2014] FWCA 8390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Ltd
(AG2014/9536)

SERCO AUSTRALIA OPEN SPACE EMPLOYMENT AGREEMENT 2014

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 25 NOVEMBER 2014

Application for approval of the Serco Australia Open Space Employment Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Serco Australia Open Space Employment 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] 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, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2014. The nominal expiry date of the Agreement is 31 December 2016.

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 2014, which proposed to govern the employment terms of its employees. The application was opposed by the Australian Services Union, which raised concerns about the impact of the proposed agreement on employee entitlements and conditions.

The key legal issues before the Commission were whether the proposed agreement provided for fair and reasonable terms, as required under the Fair Work Act 2009. The Commission considered whether the proposed agreement provided for appropriate minimum entitlements, including minimum wages, leave entitlements, and penalties, as well as whether it provided for adequate dispute resolution mechanisms.

The Commission found that the proposed agreement provided for fair and reasonable terms, as it provided for minimum entitlements that were not less favourable than the relevant award or registered agreement. The Commission also found that the proposed agreement provided for adequate dispute resolution mechanisms, including the ability for employees to raise disputes directly with the employer, as well as access to external dispute resolution services. The Commission approved the proposed agreement, subject to minor amendments to ensure compliance with the Fair Work Act.

The Commission's decision provides guidance to employers seeking to negotiate and implement enterprise agreements with their employees. The decision highlights the importance of providing for appropriate minimum entitlements and dispute resolution mechanisms in enterprise agreements, and the need for employers to ensure that any proposed agreements are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established