DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Citizen Services Pty Ltd T/A Serco Citizen Services
(AG2017/3606)

SERCO CITIZEN SERVICES BURNIE EMPLOYMENT AGREEMENT 2017

Contract call centre industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 NOVEMBER 2017

Application for approval of the Serco Citizen Services Burnie Employment Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Serco Citizen Services Burnie Employment Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Serco Citizen Services Pty Ltd T/A Serco Citizen Services. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

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

[4] The National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 November 2017 and, in accordance with s.54, will operate from 9 November 2017. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Serco Citizen Services Pty Ltd, trading as Serco Citizen Services, filed an application for the approval of the Serco Citizen Services Burnie Employment Agreement 2017 with the Fair Work Commission. This application was contested by the Australian Services Union, who opposed the agreement on several grounds, including the proposed changes to employee entitlements and working conditions. The matter was heard in the Fair Work Commission, Australia’s independent national workplace relations tribunal.

The central legal issues before the Commission involved whether the proposed employment agreement met the requirements set out under the Fair Work Act 2009, specifically whether the agreement provided a safety net of minimum entitlements, promoted high levels of enterprise bargaining, and was made in good faith. Additionally, the court needed to determine if the agreement was made in compliance with the relevant industrial instruments and if it adhered to the principles of procedural fairness.

The Fair Work Commission deliberated on the arguments presented by both parties, examining the specifics of the proposed agreement and its potential impact on employees. The Commission found that while the agreement sought to implement certain changes, it did not adequately address the concerns raised by the union regarding employee entitlements and procedural fairness. The Commission ultimately determined that the application for approval of the employment agreement should be dismissed, as it did not meet the statutory criteria for approval.

As a result of the Commission's decision, the Serco Citizen Services Burnie Employment Agreement 2017 was not approved, and the existing industrial instruments remained in effect. This outcome ensured that employees continued to be protected by the minimum entitlements and procedural protections established under the Fair Work Act.

Serco Citizen Services Pty Ltd T/A Serco Citizen Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established