Serco Australia Pty Ltd

[2013] FWCA 3289

[2013] FWCA 3289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Ltd
(AG2013/548)

SERCO ILLAWARRA PROTECTIVE SERVICES AGREEMENT 2012

Security services
COMMISSIONER LEWIN	MELBOURNE, 17 APRIL 2013

Application for approval of the Serco Illawarra Protective Services Agreement 2012.

[1] An application has been made for approval of an Enterprise Agreement known as the Serco Illawarra Protective Services Agreement 2012 (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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is an Employee Organisation for the Agreement.

[4] On reading the terms of the Agreement I became concerned that the terms of the Agreement might not meet the better off overall test prescribed by s.190 of the Act. I advised the Applicant of those concerns.

[5] The Applicant has provided written Undertakings. A copy of the Undertakings is attached in Annexure A. I am satisfied that the undertaking meet the requirements as provided for by s.190 of the Act.

[6] Subject to the Undertakings referred to above, 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.

[7] I have sought the views of the AMWU in respect of the Undertakings, pursuant to s.190 (4) of the Act.

[8] The Agreement together with the Undertakings 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 31 December 2014.

COMMISSIONER

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