DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Serco Citzen Services Pty Ltd T/A Serco Citzen Services
(AG2015/5836)

SERCO BOX HILL EMPLOYMENT AGREEMENT 2015

Contract call centre industry
COMMISSIONER ROE	MELBOURNE, 30 OCTOBER 2015

Application for approval of the Serco Box Hill Employment Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Serco Box Hill Employment Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Serco Citzen Services Pty Ltd T/A Serco Citzen Services (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 15 October 2015. On 28 October 2015 I received a signed undertaking in response to the queries from Peter Welling, Managing Director. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. 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.

[6] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Serco Citizen Services Pty Ltd trading as Serco Citizen Services, the applicant sought approval of the Serco Box Hill Employment Agreement 2015. The dispute arose from negotiations over the terms and conditions of employment for Serco Citizen Services' employees. The case was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act and whether it provided fair and reasonable terms for the employees. Specifically, the Commission had to determine if the agreement addressed all necessary components, including minimum wages, penalty rates, leave entitlements, and other employment conditions. Furthermore, the Commission assessed whether the agreement facilitated a fair and efficient workplace without undermining the rights and protections of the employees.

The Commission found that the proposed agreement met the statutory requirements and offered fair and reasonable terms for the employees. It contained all necessary components, including minimum wages, penalty rates, and leave entitlements, in line with the Fair Work Act. Additionally, the agreement ensured that employees' rights and protections were upheld, thereby facilitating a fair and efficient workplace. The Commission approved the Serco Box Hill Employment Agreement 2015, considering it balanced the interests of both the employer and employees.

As a result of the Commission's decision, the Serco Box Hill Employment Agreement 2015 was approved, allowing it to be implemented as a binding enterprise agreement under the Fair Work Act. The approval ensured that the terms and conditions of employment for the employees of Serco Citizen Services were regulated by the agreed-upon provisions, providing a framework for a fair and efficient workplace.

Serco Citzen Services Pty Ltd T/A Serco Citzen Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established