Serco Australia Pty Ltd

[2013] FWCA 4656

[2013] FWCA 4656

FAIR WORK COMMISSION

DECISION

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

Serco Australia Pty Ltd
(AG2013/1433)

SERCO ILLAWARRA [FIRE SERVICES] AGREEMENT 2013

Fire fighting services
COMMISSIONER LEE	MELBOURNE, 12 JULY 2013

Application for approval of the Serco Illawarra [Fire Services] Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Serco Illawarra [Fire Services] 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 Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 18 June, 28 June and 4 July 2013. On 27 June and 2 July 2013 I received a response to those concerns from the Applicant. On 9 July 2013 I received a signed undertaking in response to the queries from Fiona Harbison of Serco Australia Pty Ltd. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2013. The nominal expiry date of the Agreement is 1 May 2015.

COMMISSIONER

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