Serco Australia Pty Ltd

[2013] FWCA 7678

FAIR WORK COMMISSION

DECISION

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

Serco Australia Pty Ltd
(AG2013/2919)

SERCO SOUTHERN QUEENSLAND CORRECTIONAL CENTRE NURSES' AGREEMENT 2013

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 2 OCTOBER 2013

Application for approval of the Serco Southern Queensland Correctional Centres Nurses' Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Serco Southern Queensland Correctional Centre Nurses' Agreement 2013 (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 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 want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 9 October 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Australia Pty Ltd applied to the Fair Work Commission for the approval of a new enterprise agreement. The proposed agreement was to replace the existing enterprise agreement for registered nurses employed at Serco Southern Queensland Correctional Centres. The Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues the Commission needed to decide were whether the agreement contained the prescribed minimum terms and conditions, whether the agreement was made in good faith, and whether it had been fairly negotiated. The Commission also had to determine if the agreement was in the best interests of the employees and if it provided for appropriate mechanisms for dispute resolution.

The Fair Work Commission found that the proposed agreement did contain the prescribed minimum terms and conditions, was made in good faith, and was fairly negotiated. The Commission concluded that the agreement was in the best interests of the employees, providing for appropriate mechanisms for dispute resolution. Consequently, the application for approval was successful. The agreement was approved and registered, becoming the new enterprise agreement for registered nurses employed at Serco Southern Queensland Correctional Centres.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established