Serco Australia Pty Ltd

[2014] FWCA 2053

FAIR WORK COMMISSION

DECISION

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

Serco Australia Pty Ltd
(AG2014/3760)

GREAT SOUTHERN RAIL EMPLOYMENT AGREEMENT 2014

Rail industry
COMMISSIONER CARGILL	SYDNEY, 27 MARCH 2014

Application for approval of the Great Southern Rail Employment Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Great Southern Rail Employment Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Serco Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Rail, Tram and Bus Industry Union - South Australian and Northern Territory Branch 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, will operate from 3 April 2014. The nominal expiry date is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Australia Pty Ltd recently sought approval of the Great Southern Rail Employment Agreement 2014 in the Fair Work Commission. The dispute involved the terms and conditions of employment for the employees of Serco Australia, who provide services under a contract with the Commonwealth. The Fair Work Commission was tasked with determining whether the proposed agreement provided for fair and reasonable terms of employment.

The primary legal issue before the Commission was whether the terms of the proposed agreement were fair and reasonable in all respects, particularly regarding the remuneration and working conditions of the employees. The Commission also needed to assess whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. This included evaluating the agreement's provisions on overtime, penalty rates, shift differentials, and other employment-related terms.

In its decision, the Fair Work Commission considered various submissions from both Serco Australia and the unions representing the employees. The Commission examined the economic and operational context of the services provided by Serco Australia, as well as industry standards and comparable agreements. The Commission concluded that the proposed agreement, with certain modifications, provided for fair and reasonable terms of employment. These modifications included adjustments to the overtime and shift differential provisions to better align with industry standards. The Commission approved the agreement with these modifications, finding that it met the statutory requirements and was in the best interests of the employees.

The final orders of the Commission included the approval of the Great Southern Rail Employment Agreement 2014, subject to the specified modifications. The Commission also directed that the modified agreement be given effect from the date of the decision, ensuring that the employees would benefit from the revised terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established