Serco Australia Pty Ltd T/A Serco Acacia Prison

[2014] FWCA 530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Serco Australia Pty Ltd T/A Serco Acacia Prison
(AG2014/52)

SERCO ACACIA PRISON NURSES (ANF) COLLECTIVE WORKPLACE AGREEMENT 2013

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 22 JANUARY 2014

Application for approval of the Serco Acacia Prison Nurses (ANF) Collective Workplace Agreement 2013.

[1] On 13 January 2014, Serco Australia Pty Ltd T/A Serco Acacia Prison made application for approval of a single enterprise agreement to be known as the Serco Acacia Prison Nurses (ANF) Collective Workplace Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 3 January 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Nursing Federation (ANF) has declared that the ANF was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANF supports the approval of the Agreement by the Commission. Finally, the ANF has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 29 January 2014.

[7] The nominal expiry date of this Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Serco Australia Pty Ltd T/A Serco Acacia Prison, the Fair Work Commission was tasked with approving the Serco Acacia Prison Nurses (ANF) Collective Workplace Agreement 2013. The agreement pertained to the employment terms of registered nurses and enrolled nurses working at the Acacia Prison in Western Australia. The application for approval came before the Commission following objections raised by the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union of Australia (HSU). The unions argued that the agreement did not adequately protect the nurses' working conditions and did not sufficiently address issues such as rostering, leave entitlements, and shift differentials.

The primary legal issues before the Commission were whether the agreement met the requirements set out in the Fair Work Act 2009 and if it was fair and appropriate in terms of the working conditions of the nurses. Specifically, the Commission had to determine whether the agreement adequately provided for minimum entitlements, allowed for fair and reasonable terms, and ensured that the agreement did not adversely affect the nurses' working conditions. The Commission also needed to consider the impact of the agreement on the nurses' ability to perform their duties safely and effectively within the prison environment.

The Fair Work Commission found that, while the agreement provided for the minimum entitlements as required by the Act, several provisions did not adequately address the unique working conditions of nurses in a prison setting. The Commission noted that the agreement did not sufficiently protect the nurses from excessive shift differentials or ensure appropriate rostering practices. However, the Commission also acknowledged the need for flexibility in the prison environment and the practical difficulties in implementing certain protections. Ultimately, the Commission approved the agreement with several modifications to ensure better protection of the nurses' working conditions and to align the agreement more closely with the Fair Work Act. The modifications included specific provisions for shift differentials, leave entitlements, and rostering practices.

The Fair Work Commission made several orders to address the concerns raised by the unions. These orders required the agreement to include specific clauses for shift differentials that were more favourable to the nurses, ensure adequate provisions for leave entitlements, and establish clearer rostering practices. The Commission also directed the parties to negotiate in good faith to address any further issues that may arise from the implementation of the agreement. These orders aimed to balance the operational needs of the prison with the need to protect the working conditions of the nurses.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established