Serco Australia Pty Ltd

[2013] FWCA 7247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Ltd
(AG2013/2737)

SERCO SOUTHERN QUEENSLAND CORRECTIONAL CENTRE AGREEMENT 2013-2016

Corrections and detentions
COMMISSIONER ROBERTS	SYDNEY, 20 SEPTEMBER 2013

Application for approval of the Serco Southern Queensland Correctional Centre Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Serco Southern Queensland Correctional Centre Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Serco Australia Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 18 September 2013 an undertaking was provided by the Company’s Managing Director, Mr P Mahoney, in relation to clause 44 (Consultation Term) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Serco Australia Pty Ltd sought approval for the Serco Southern Queensland Correctional Centre Agreement 2013-2016 before the Fair Work Commission (FWC). The agreement pertained to the employment conditions of Serco's employees at the correctional centre. The primary dispute involved the interpretation of certain terms in the agreement, particularly those related to pay rates and entitlements. The FWC had to determine whether the proposed agreement complied with the Fair Work Act 2009 and if it was in the best interests of the employees.

The legal issues centred around the interpretation of the relevant industrial instruments, the applicability of the Fair Work Act, and the consideration of whether the agreement was fair and reasonable. Specifically, the court had to ascertain if the pay rates and entitlements in the agreement met the minimum standards set by the applicable awards and whether the agreement provided a safety net for employees. Furthermore, the FWC had to examine whether the agreement met the criteria for approval under section 233 of the Act.

The FWC found that the proposed agreement was in compliance with the Fair Work Act and was fair and reasonable. The court concluded that the pay rates and entitlements offered in the agreement were consistent with the minimum standards and provided a safety net for the employees. The FWC noted that the agreement provided for a transparent and consistent approach to pay rates and entitlements, which was beneficial to both the employer and the employees. The FWC approved the agreement, finding it to be in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established