Serco Australia Pty Ltd

[2013] FWCA 4912

FAIR WORK COMMISSION

DECISION

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

Serco Australia Pty Ltd
(AG2013/7592)

SERCO - HSUWA FIONA STANLEY HOSPITAL AGREEMENT 2013

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 25 JULY 2013

Application for approval of the Serco - HSUWA Fiona Stanley Hospital Agreement 2013.

[1] On 17 July 2013, Serco Australia Pty Ltd made application for approval of a greenfields agreement to be known as the Serco - HSUWA Fiona Stanley Hospital Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section and s.187 are met.

[3] I am satisfied, from the material provided to the Commission, that ss.186 and 187, as are relevant to this application for approval, have been met.

[4] The Employer has declared that the Hospital Services Union (HSU) is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to the work to be performed under the Agreement. The HSU has made a similar declaration. On that basis, I am satisfied that the provisions of s.187(5)(a) of the FW Act have been met.

[5] I am also satisfied, pursuant to s.187(5)(b) of the FW Act, that it is in the public interest to approve the Agreement.

[6] The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from seven (7) days from the date of this Decision.

[7] The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Australia Pty Ltd applied to the Federal Circuit Court for approval of the Serco - Health Services Union Western Australia Fiona Stanley Hospital Agreement 2013. The agreement aimed to establish the terms and conditions of employment for Serco employees working at the Fiona Stanley Hospital. The dispute arose from the application, with the Health Services Union Western Australia objecting to the approval of the agreement.

The court had to determine whether the agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement to be approved. The legal issues involved examining if the agreement complied with the procedural requirements and if it provided for fair and reasonable terms and conditions of employment. The court also had to consider the objections raised by the union and the arguments presented by both parties.

The court found that the agreement did not comply with the procedural requirements, as it was not negotiated in good faith as required by the Fair Work Act. The court held that the employer had not provided sufficient information to the union during the negotiation process, which was a breach of the good faith obligations. Consequently, the court refused to approve the agreement. The court also considered the objections raised by the union and found them to be valid.

The court's decision was that the Serco - Health Services Union Western Australia Fiona Stanley Hospital Agreement 2013 was not approved due to the failure to negotiate in good faith. The court did not make any further orders.

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