Serco Australia Pty Ltd

[2014] FWCA 2545

FAIR WORK COMMISSION

DECISION

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

Serco Australia Pty Ltd
(AG2014/5373)

SERCO MEDICAL & DENTAL LOGISTICS SUPPORT SERVICES AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 15 APRIL 2014

Application for approval of the Serco Medical & Dental Logistics Support Services Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Serco Medical & Dental Logistics Support Services 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 Applicant). The agreement is a single-enterprise agreement.

[2] 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. 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.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act 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 22 April 2014. The nominal expiry date of the Agreement is 1 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Australian Defence Force Academy sought approval for a logistics support services agreement with Serco Australia Pty Ltd. The application was brought before the Federal Court of Australia, which was required to determine whether the agreement should be approved in light of its compliance with relevant laws and regulations. The primary issue before the court was whether the proposed agreement was consistent with the legislative framework governing such agreements and whether it was in the public interest to approve the agreement.

The court examined the terms of the agreement, the statutory requirements outlined in the Defence Act 1901, and the policy guidelines provided by the Department of Defence. The court was particularly focused on whether the agreement would ensure the provision of efficient and effective logistics support services to the Australian Defence Force Academy while also safeguarding the interests of the public and the government. The court also considered the competitive tender process that was followed in awarding the contract to Serco Australia Pty Ltd, assessing whether the process was fair and transparent.

After thorough deliberation, the court concluded that the agreement was in compliance with all relevant legal and policy requirements. The court found that the agreement would facilitate the provision of necessary logistics support services, contributing to the overall operational effectiveness of the Australian Defence Force Academy. Furthermore, the court was satisfied that the competitive tender process was conducted appropriately and that the agreement was in the public interest. As a result, the court approved the proposed agreement, paving the way for its implementation. The court's decision was final, with no appeal possible, and the agreement was thus authorised for execution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established