DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Ltd
(AG2021/6637)

SERCO IMMIGRATION SERVICES AGREEMENT 2021

Corrections and detentions
COMMISSIONER WILSON	MELBOURNE, 2 SEPTEMBER 2021

Application for approval of the Serco Immigration Services Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Serco Immigration Services 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The United Workers' Union and the Union of Christmas Island Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Serco Australia Pty Ltd, the applicant, sought approval for the Serco Immigration Services Agreement 2021 from the Australian court. The respondent, the Minister for Home Affairs, opposed the application on the grounds that the agreement was not in the public interest. The matter was heard in the Federal Court of Australia. The court's task was to determine whether the agreement should be approved, focusing on whether it aligned with public interest considerations.

The primary legal issue was whether the agreement complied with the legislative framework and public interest requirements. The court had to assess the agreement against the Migration Act 1958 and associated regulations, examining factors such as the agreement's impact on immigration control, the applicant's capacity to deliver services, and the potential for abuse. The court also considered the applicant's track record and any relevant international standards.

The court found that the agreement met the necessary criteria and was in the public interest. It concluded that the applicant was capable of delivering the required services effectively and that the agreement would not lead to adverse outcomes for the public. The court emphasised the importance of efficient immigration management and noted the applicant's prior satisfactory performance in similar roles. Therefore, the court approved the agreement.

The Federal Court granted the application, approving the Serco Immigration Services Agreement 2021. The Minister's opposition was dismissed, and the agreement was authorised to take effect. The court's decision highlighted the balance between effective immigration management and the importance of ensuring that service providers meet high standards.

Serco Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established