DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Citizen Services Pty Ltd T/A Serco Citizen Services
(AG2019/357)

SERCO CITIZEN SERVICES VARSITY LAKES EMPLOYMENT AGREEMENT 2018

Contract call centre industry
COMMISSIONER YILMAZ	MELBOURNE, 29 JULY 2019

Application for approval of the Serco Citizen Services Varsity Lakes Employment Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Serco Citizen Services Varsity Lakes Employment Agreement 2018 (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 Employer 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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, will operate from 5 August 2019. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Serco Citizen Services Pty Ltd, trading as Serco Citizen Services, applied to the Fair Work Commission for approval of the Serco Citizen Services Varsity Lakes Employment Agreement 2018. The application was opposed by the Australian Services Union (ASU) acting on behalf of a number of employees. The dispute centred on the terms of the proposed enterprise agreement, specifically regarding pay rates and conditions for employees working at the Varsity Lakes location.

The legal issues before the Commission included whether the proposed agreement provided adequate protections and benefits for the employees and whether it complied with the Fair Work Act 2009. Key concerns raised by the ASU were the classification of certain roles, the proposed pay rates, and the impact on existing employees transitioning to the new agreement.

The Commission considered the principles of good faith bargaining, the need for the agreement to be workable and promote harmonious, productive and cooperative workplace relations. It also examined whether the agreement met the "better off overall test", ensuring that employees were not worse off financially under the new agreement. After evaluating the submissions from both parties and conducting a detailed analysis of the proposed agreement, the Commission approved the Serco Citizen Services Varsity Lakes Employment Agreement 2018. The decision was based on the finding that the agreement met the statutory requirements and provided fair and reasonable terms for the employees.

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