DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Ltd
(AG2021/101)

SERCO FIONA STANLEY HOSPITAL (MAINTENANCE) ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the Serco Fiona Stanley Hospital (Maintenance) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Serco Fiona Stanley Hospital (Maintenance) Enterprise Agreement 2020 (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union 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 24 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Serco Australia Pty Ltd applied to the Fair Work Commission for approval of the Serco Fiona Stanley Hospital (Maintenance) Enterprise Agreement 2020. The application was made by Serco, an employer engaged in the maintenance of the hospital, and the Health Services Union of Australia, an employee representative. The dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement.

The legal issues before the commission included whether the agreement provided adequate protections for employees, whether it complied with relevant industrial laws, and whether it was fair and reasonable in the circumstances. The commission also considered the negotiation process that led to the agreement and whether the parties had genuinely bargained in good faith.

The commission found that the agreement provided appropriate protections for employees and complied with the relevant provisions of the Fair Work Act 2009. The commission noted that the agreement contained provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions that were consistent with the relevant award. The commission also found that the negotiation process was conducted in good faith and that the agreement reflected a fair and reasonable outcome for both parties.

The Fair Work Commission approved the Serco Fiona Stanley Hospital (Maintenance) Enterprise Agreement 2020, subject to certain conditions. The commission imposed conditions to ensure that the agreement was implemented effectively and that employees were not disadvantaged by its terms. The commission also ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the approval.

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