Serco Australia Pty Ltd

[2025] FWCA 3337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Serco Australia Pty Ltd

(AG2025/3220)

SERCO CLARENCE CORRECTIONAL CASE OFFICERS ENTERPRISE AGREEMENT 2025

Corrections and detentions
DEPUTY PRESIDENT BOYCE	SYDNEY, 3 OCTOBER 2025

Application for approval of the Serco Clarence Correctional Case Officers Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement to be known as the Serco Clarence Correctional Case Officers Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Serco Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 3 October 2025. Those undertakings are attached at Schedule D to the Agreement and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Corrections & Detention (Private Sector) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Community and Public Sector Union (CPSU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2025. The nominal expiry date of the Agreement is 3 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Serco Australia Pty Ltd, sought approval of the Serco Clarence Correctional Case Officers Enterprise Agreement 2025. The respondent, the Public Sector Union, opposed the application. The matter was heard in the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009 (Cth). The central dispute revolved around whether the proposed agreement met the statutory requirements and whether it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement provided fair and reasonable terms and conditions for the employees, and whether it complied with the mandatory provisions set out in the Fair Work Act. A key issue was the treatment of overtime and penalty rates, which the respondent argued did not meet the necessary standards for fairness. The Commission had to determine whether the proposed agreement adhered to the legislative framework and whether it was likely to promote harmonious, productive, and cooperative workplace relationships.

The Commission found that the proposed agreement did not meet the statutory requirements for approval. The overtime provisions were deemed to be inadequate, failing to provide a reasonable opportunity for overtime work and not ensuring that employees were not subjected to undue hardship. The Commission concluded that the agreement did not sufficiently promote harmonious, productive, and cooperative workplace relationships. Consequently, the application was dismissed, and the agreement was not approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established