DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Citizen Services Pty Ltd T/A Serco Citizen Services
(AG2016/5224)

SERCO CITIZEN SERVICES BENDIGO EMPLOYMENT AGREEMENT 2016

Contract call centre industry
COMMISSIONER LEE	MELBOURNE, 10 OCTOBER 2016

Application for approval of the Serco Citizen Services Bendigo Employment Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Serco Citizen Services Bendigo Employment Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 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, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Serco Citizen Services Pty Ltd, trading as Serco Citizen Services, the Federal Court of Australia was presented with an application for the approval of the Serco Citizen Services Bendigo Employment Agreement 2016. The application was brought before the Fair Work Commission, which exercises jurisdiction over employment agreements under the Fair Work Act 2009. The dispute centred on the validity and enforceability of the proposed agreement, which aimed to regulate the employment terms and conditions of employees within Serco Citizen Services' Bendigo branch. The application was opposed by the Australian Services Union, which represented the interests of the employees.

The primary legal issues that the court needed to resolve were whether the proposed employment agreement complied with the statutory requirements under the Fair Work Act and whether it was fair and reasonable in all its terms. This included scrutinising the agreement to ensure it did not unfairly disadvantage employees and that it complied with the procedural requirements for approval by the Fair Work Commission. The court also had to consider whether the agreement met the criteria for being approved as a safety net agreement, which would allow it to set terms and conditions that were below the minimum standards provided by the relevant award or registered agreement.

Upon reviewing the evidence and submissions from both parties, the court determined that the proposed agreement largely met the statutory requirements and was fair and reasonable. The agreement was found to be procedurally sound, and the process for its development and negotiation was deemed appropriate. The court also concluded that the terms of the agreement did not unfairly disadvantage employees and were in line with the objectives of the Fair Work Act. Consequently, the court approved the Serco Citizen Services Bendigo Employment Agreement 2016, enabling its enforcement as a safety net agreement. This decision provided clarity on the enforceability of the agreement and allowed for the continuation of the employment relationship under the newly approved terms.

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