Serco Australia Pty Ltd

[2024] FWCA 1177

[2024] FWCA 1177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Serco Australia Pty Ltd

(AG2024/883)

SERCO ACACIA PRISON NURSES (ANF) COLLECTIVE WORKPLACE AGREEMENT 2023

Corrections and detentions
COMMISSIONER JOHNS	MELBOURNE, 3 APRIL 2024

Application for approval of the Serco Acacia Prison Nurses (ANF) Collective Workplace Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Serco Acacia Prison Nurses (ANF) Collective Workplace Agreement 2023 (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 Agreement is a single enterprise agreement.

1. The Applicant notes that the Agreement lodged contains an error. The footer and clause 1 of the Agreement should end in ‘2023’ instead of ‘2021’. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

1. The Agreement title on the NERR provided to the employees is ‘Serco Acacia Prison Nurses (ANF) Collective Workplace Agreement 2023’ whilst clause 1 of the Agreement title is ‘Serco Acacia Prison Nurses (ANF) Collective Workplace Agreement 2021’. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] this constitutes a minor procedural or technical error for the purpose of s.188(5) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

1. An assessment of the Agreement has identified three clauses that may be inconsistent with the National Employment Standards (NES).  In particular, the terms relating to:

a)Clause 26.1: Annual leave (accrual); and

b)Clause 28: Compassionate leave; and

c)Clause 27.15: Personal/carer’s leave (notice requirements).

1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clauses referred to above.

1. Noting the NES precedence clause (clause 2.4), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

1. 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.

1. The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2024. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

[1] [2019] FWCFB 318.

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