Serco Australia Pty Ltd T/A Serco

[2019] FWCA 4653

[2019] FWCA 4653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Ltd T/A Serco
(AG2019/2093)

SERCO - ADF HEALTH SERVICES CONTRACT (AHSC) NURSES’ COLLECTIVE AGREEMENT 2019

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 3 JULY 2019

Application for approval of the Serco - ADF Health Services Contract (AHSC) Nurses’ Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Serco - ADF Health Services Contract (AHSC) Nurses’ Collective Agreement 2019 (the Agreement) pursuant to s.182(4) of the Fair Work Act 2009 (the Act) by SERCO Australia. The agreement is a single enterprise agreement that is a greenfields agreement.

[2] The matter was allocated to my Chambers on 27 June 2019.

[3] On 1 July 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

[5] In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Nursing and Midwifery Federation (ANMF) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it.

[6] The Applicant has submitted an undertaking in the required form dated 2 July 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  Clause 35(e) will not operate in a manner inconsistent with the NES or to allow a deduction in excess of the amount of leave taken.

•  Any hours worked in excess of ordinary hours defined by clause 19 of the Agreement will be overtime.

[7] I am satisfied that the reference to clause 46(i) contained in clause 46(j) is a typographical error and was intended to be a reference to Clause 46(a)(ii). I have accepted an undertaking that corrects this error and as a result I accept that the Agreement contains a consultation term which meets the requirements of s.205 of the Act.

[8] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[9] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[10] Pursuant to s. 53(2)(b) of the Act I note that the Agreement was made with the ANMF and that the Agreement covers this organisation.

[11] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[12] I am satisfied that it is in the public interest to approve the Agreement.

[13] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 October 2021.

COMMISSIONER

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