Serco Australia Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Australia Pty Ltd applied to the Fair Work Commission for approval of the Serco Illawarra [Fire Services] Agreement 2013. The application was made under section 232 of the Fair Work Act 2009. The dispute arose between Serco Australia Pty Ltd, an employer in the fire services industry, and the Australian Services Union, representing the employees. The application sought to establish the terms and conditions of employment for a specified group of employees, including pay rates, hours of work, leave provisions, and other workplace arrangements.

The legal issues before the Commission included whether the proposed agreement provided for minimum terms and conditions that were no less favourable than those provided by the relevant industrial instrument, and whether the agreement was made in good faith and covered employees who genuinely wished to be covered by it. The Commission needed to determine if the proposed agreement met the statutory criteria for approval, including the balance of power between the parties, the process by which the agreement was made, and whether the agreement would promote workplace efficiency and harmony.

The Commission found that the proposed agreement satisfied the statutory requirements for approval. It was concluded that the agreement provided for terms and conditions that were at least as favourable as the applicable industrial instrument, and that the process of making the agreement was fair and in good faith. The Commission noted the evidence provided by both parties regarding the negotiation process and the genuine desire of the employees to be covered by the agreement. The application was thus approved, and the Serco Illawarra [Fire Services] Agreement 2013 was registered under the Fair Work Act 2009.

Serco Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established