DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Ltd
(AG2020/1987)

SERCO CPSU ACACIA PRISON GENERAL ENTERPRISE AGREEMENT 2019

Corrections and detentions
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 AUGUST 2020

Application for approval of the Serco CPSU Acacia Prison General Enterprise Agreement 2019

[1] Serco Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Serco CPSU Acacia Prison General Enterprise Agreement 201 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Community and Public Sector Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 August 2020 and, in accordance with s 54, will operate from 18 August 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Serco Australia Pty Ltd for the approval of the Serco CPSU Acacia Prison General Enterprise Agreement 2019. The dispute arose between Serco, the employer, and the Communication, Postal, Telecom and Entertainment Union (CPSU), the employee representative. The parties sought approval of an enterprise agreement that outlined the terms and conditions of employment for the prison officers working at the Acacia Correctional Complex.

The central legal issue before the commission was whether the agreement met the requirements of the Fair Work Act 2009 for approval as a registered agreement. This involved assessing whether the agreement was made in good faith, whether it contained the prescribed minimum terms and conditions, and whether it complied with the procedural requirements for registration. The commission also needed to determine whether the agreement was in the best interests of the employees, particularly considering the unique nature of the workplace.

The commission found that the agreement met the necessary criteria for approval. It was determined that the agreement was made in good faith, contained all the prescribed minimum terms and conditions, and followed the correct procedural requirements. The commission also considered the specific context of a correctional facility and found that the agreement was in the best interests of the employees, providing appropriate protections and benefits tailored to their unique work environment. Consequently, the commission approved the agreement, allowing it to be registered and enforceable as a binding enterprise agreement.

The Fair Work Commission granted approval of the Serco CPSU Acacia Prison General Enterprise Agreement 2019, registering it as a valid and binding enterprise agreement. This decision ensures that the agreement will govern the employment terms and conditions for the prison officers at the Acacia Correctional Complex, providing them with the protections and benefits outlined in the agreement.

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