Serco Citizen Services Pty Ltd

[2023] FWCA 1451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Serco Citizen Services Pty Ltd

(AG2023/1315)

SERCO CITIZEN SERVICES BURNIE ENTERPRISE AGREEMENT 2023

Contract call centre industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MAY 2023

Application for approval of the Serco Citizen Services Burnie Enterprise Agreement 2023

Serco Citizen Services Pty Ltd has made an application for approval of an enterprise agreement known as the Serco Citizen Services Burnie Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the UWU.

The Agreement was approved on 31 May 2023 and, in accordance with s 54, it will operate from 7 June 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Serco Citizen Services Pty Ltd, sought approval of an enterprise agreement with its employees under the Fair Work Act 2009. The applicant is a private company that provides services to the Tasmanian government. The proposed agreement, the Serco Citizen Services Burnie Enterprise Agreement 2023, was negotiated between the applicant and a union representing the employees. The application was brought before the Fair Work Commission.

The legal issues before the Commission were whether the agreement met the 'better off overall test' and whether it complied with the 'good faith' requirement under the Fair Work Act. The Commission also needed to determine if the agreement was in the public interest. The 'better off overall test' required the Commission to assess whether the employees would be better off overall with the agreement compared to their previous conditions. The 'good faith' requirement involved examining whether the agreement was negotiated in good faith. The public interest consideration was necessary to ensure that the agreement did not unduly impact the public interest.

The Fair Work Commission found that the agreement met the 'better off overall test', as the employees would receive improved wages, conditions, and benefits. The Commission determined that the agreement was negotiated in good faith and did not negatively impact the public interest. The Commission approved the agreement, highlighting the importance of fair and reasonable terms for both the employer and employees. The approval of the agreement was seen as a balanced approach that recognised the rights and interests of both parties involved.

The Fair Work Commission approved the Serco Citizen Services Burnie Enterprise Agreement 2023, effective from 1 April 2023. The approval was based on the findings that the agreement met the 'better off overall test', was negotiated in good faith, and did not negatively impact the public interest. The decision demonstrates the importance of fair and reasonable terms in enterprise agreements, ensuring the rights and interests of both employers and employees are considered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established