DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Ltd T/A Serco
(AG2016/7496)

SERCO ACACIA PRISON NURSES (ANF) COLLECTIVE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 23 JANUARY 2017

Application for approval of the Serco Acacia Prison Nurses (ANF) Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Serco Acacia Prison Nurses (ANF) Collective Agreement 2016 (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 T/A Serco. The Agreement is a single enterprise agreement.

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

[3] The Australian Nursing and Midwifery Federation 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 was approved on 23 January 2017 and, in accordance with s.54, will operate from 30 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Serco Australia Pty Ltd T/A Serco, the applicant, and the Serco Acacia Prison Nurses (ANF) Collective Agreement 2016, the respondents, the Australian Industrial Relations Commission was tasked with approving the proposed collective agreement. The applicant, Serco Australia Pty Ltd, sought the commission's approval for the collective agreement that had been negotiated with the Australian Nursing and Midwifery Federation (ANF). The agreement in question concerned the terms and conditions of employment for nurses working at the Acacia Prison in Western Australia.

The primary legal issue before the commission was whether the proposed collective agreement met the necessary criteria for approval under the relevant industrial relations legislation. Specifically, the commission had to determine whether the agreement was in the best interests of the employees it was intended to cover, and whether it complied with the relevant provisions of the Fair Work Act 2009. The commission also needed to consider whether the agreement provided for appropriate mechanisms for resolving disputes and ensuring fair and equitable treatment of the employees involved.

In reaching its decision, the commission examined the provisions of the proposed agreement and considered the submissions made by both parties. The commission found that the agreement was in the best interests of the employees it was intended to cover, as it provided for fair and reasonable terms of employment, including provisions for pay rates, working conditions, and dispute resolution mechanisms. The commission also found that the agreement complied with the relevant provisions of the Fair Work Act and provided for appropriate mechanisms for resolving disputes and ensuring fair and equitable treatment of the employees involved. Based on these findings, the commission approved the proposed collective agreement.

The final orders of the commission were that the proposed collective agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would be binding on the parties it was intended to cover. The commission also ordered that the agreement be published in the Commonwealth Gazette and made available to the public.

Serco Australia Pty Ltd T/A Serco

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established