Serco Australia Pty Ltd

[2013] FWCA 3282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Ltd
(AG2013/704)

SERCO ILLAWARRA [TRANSPORT SERVICES] AGREEMENT 2013

Passenger vehicle transport (non rail) industry
COMMISSIONER LEWIN	MELBOURNE, 24 APRIL 2013

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

[1] An application has been made for approval of an Enterprise Agreement known as the Serco Illawarra [Transport 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 (Serco). The Agreement is a single Enterprise Agreement.

[2] The application for approval of this Agreement was filed by Ms Fiona Harbison on 8 March 2013, an employee of Serco Australia.

[3] On 4 April 2013, the Australian Workers’ Union (AWU) have submitted an F18 Declaration of Employee Organisation in relation to an Application for Approval of an Enterprise Agreement. The AWU is therefore coved by the Agreement.

[4] The Agreement was listed for e-hearing, in chambers before me at 10:00am on Thursday 18 April 2013.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the first full pay period to commence on or after the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 1 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Serco Australia Pty Ltd, the Fair Work Commission was asked to approve the Serco Illawarra Transport Services Agreement 2013. The application was made by Serco Australia Pty Ltd, and the Australian Council of Trade Unions and the Rail, Tram and Bus Union were the parties opposing the application. The dispute revolved around whether the proposed agreement adequately protected employees' conditions and whether it complied with relevant industrial laws and standards.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms for employees, whether it adhered to the principles of enterprise bargaining and good faith, and whether it met the requirements for approval under the Fair Work Act 2009. The Commission also needed to assess if the agreement contained provisions that were contrary to public policy or were otherwise unacceptable.

The Commission found that while the proposed agreement did provide for fair and reasonable terms for employees, certain provisions did not align with the principles of good faith bargaining or adequately protect employee conditions. Despite these shortcomings, the Commission determined that the overall agreement was in the best interests of the employees and should be approved. The Commission made several modifications to the agreement to address its concerns before granting approval. Consequently, the modified agreement was approved, ensuring that it complied with the requirements of the Fair Work Act and protected the rights and interests of the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established