Serco Australia Pty Ltd

[2021] FWCA 6236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Ltd
(AG2021/7576)

SERCO ACACIA PRISON NURSES (ANF) COLLECTIVE WORKPLACE AGREEMENT 2021

Corrections and detentions
COMMISSIONER YILMAZ	MELBOURNE, 12 OCTOBER 2021

Application for approval of the Serco Acacia Prison Nurses (ANF) Collective Workplace Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Serco Acacia Prison Nurses (ANF) Collective Workplace Agreement 2021 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing Federation Industrial Union of Workers Perth 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 19 October 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Australia Pty Ltd, an operator of the Acacia Prison, applied for the approval of the Serco Acacia Prison Nurses (ANF) Collective Workplace Agreement 2021. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement was suitable for the purposes of the Fair Work Act 2009. The agreement was intended to provide terms and conditions for registered nurses employed by Serco Australia at the Acacia Prison. The Australian Nursing and Midwifery Federation (ANF) sought approval for the agreement on behalf of the nurses.

The primary legal issue before the commission was whether the terms of the agreement were procedurally and substantively fair and whether they complied with the requirements of the Fair Work Act. The commission had to assess the agreement against various statutory criteria, including whether it provided for a proper balance of rights and obligations between the employer and the employees, and whether it included minimum terms and conditions that were no less favourable than those set out in the relevant award or safety net award.

The commission found that the agreement was procedurally fair as it was made following the necessary consultation processes. The commission also determined that the agreement was substantively fair, as it provided a proper balance of rights and obligations between the parties and included minimum terms and conditions that were no less favourable than those set out in the relevant award. The commission considered that the agreement provided for appropriate provisions for matters such as wages, hours of work, leave, and other employment conditions. The commission further found that the agreement contained necessary protections for the nurses, including provisions for health and safety, dispute resolution, and flexibility measures.

The Fair Work Commission approved the Serco Acacia Prison Nurses (ANF) Collective Workplace Agreement 2021, effective from 1 July 2021. The commission determined that the agreement met the necessary statutory criteria and provided a fair and balanced set of terms and conditions for the registered nurses employed by Serco Australia at the Acacia Prison. The approval of the agreement ensures that the nurses will have appropriate protections and conditions of employment, while also providing flexibility for the employer to manage the operation of the prison.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established