Serco Australia Pty Ltd

[2022] FWCA 3601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Serco Australia Pty Ltd

(AG2022/3637)

Serco AHSC Nurses’ Enterprise Agreement 2022

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 18 OCTOBER 2022

Application for variation of the Serco AHSC Nurses’ Enterprise Agreement 2022

An application has been made for approval of a variation to the Serco AHSC Nurses’ Enterprise Agreement 2022 (the Agreement). The application was made by Serco Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 18 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Australian Health Services Commission and Serco Australia Pty Ltd, the Fair Work Commission (FWC) was asked to consider an application to vary the Serco AHSC Nurses’ Enterprise Agreement 2022. The application was made by the Australian Health Services Commission, which had entered into an agreement with Serco Australia Pty Ltd to provide nursing services for the Serco Aged and Disability Care Services. The dispute centred on the proposed changes to the enterprise agreement, including adjustments to wage rates, shift allowances, and other employment conditions.

The key legal issues before the FWC were whether the proposed variations to the enterprise agreement were appropriate and whether the process followed in reaching the agreement was fair. The FWC had to assess the fairness of the proposed changes in light of the Fair Work Act 2009, which sets out the criteria for determining the fairness of an enterprise agreement. The FWC also needed to consider whether the agreement was made in good faith and whether it complied with the requirements for variations under the Fair Work Act.

The FWC found that the proposed variations to the Serco AHSC Nurses’ Enterprise Agreement 2022 were fair and appropriate. The commission concluded that the changes were necessary to address the financial sustainability of the aged and disability care services provided by Serco Australia Pty Ltd. The FWC determined that the process followed in reaching the agreement was fair and in compliance with the Fair Work Act. The commission also found that the agreement was made in good faith by both parties. As a result, the FWC approved the variation to the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established