DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Australia Pty Ltd T/A Serco Acacia Prison
(AG2014/9982)

SERCO CPSU ACACIA PRISON GENERAL ENTERPRISE AGREEMENT 2014

Corrections and detentions
COMMISSIONER WILLIAMS	PERTH, 17 DECEMBER 2014

Application for approval of the Serco CPSU Acacia Prison General Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Serco CPSU Acacia Prison General Enterprise Agreement 2014 (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 Acacia Prison. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The CPSU, the Community and Public Sector Union - SPSF Group, Western Australian Prison Officers’ Union Branch, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Serco Australia Pty Ltd, trading as Serco Acacia Prison, for the approval of the Serco CPSU Acacia Prison General Enterprise Agreement 2014. The application was brought under the Fair Work Act 2009, specifically section 233, which provides for the approval of agreements by the Commission. The dispute involved the terms and conditions of employment for employees represented by the CPSU, which was the union involved in negotiating the agreement with Serco Acacia Prison.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. The Commission needed to consider whether the agreement provided for appropriate minimum terms and conditions, did not discriminate unfairly, and was made in good faith. Additionally, the Commission had to determine if the agreement promoted harmonious, productive, and cooperative workplace relations.

In considering these issues, the Commission noted that the agreement provided for a range of terms and conditions of employment that were consistent with the relevant award and provided for appropriate minimum terms. The Commission found that the agreement was made in good faith and did not contain any unfair discrimination. The Commission also considered the views of the employees and found that the agreement promoted harmonious, productive, and cooperative workplace relations. The Commission was satisfied that the agreement was in the best interests of the employees and approved it under section 233 of the Fair Work Act.

The Commission approved the Serco CPSU Acacia Prison General Enterprise Agreement 2014. This decision provided clarity for both the employer and the employees regarding the terms and conditions of employment, and it facilitated a harmonious working environment.

Serco Australia Pty Ltd T/A Serco Acacia Prison

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established