Serco Defence Services Pty Limited T/A Serco Summary

[2024] FWCA 2736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Serco Defence Services Pty Limited T/A Serco

(AG2024/2622)

NUYINA OFFICERS AND ENGINEERS ENTERPRISE AGREEMENT 2024

Maritime industry
COMMISSIONER TRAN	MELBOURNE, 25 JULY 2024

Application for approval of the Nuyina Officers and Engineers Enterprise Agreement 2024

Serco Defence Services Pty Limited T/A Serco has applied for approval of an enterprise agreement known as the Nuyina Officers and Engineers Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

I note that Clause 27.9 may be inconsistent with the National Employment Standards as it may be inconsistent with s 117 of the Act. Given the National Employment Standards precedence clause at Clause 2.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Australian Institute of Marine and Power Engineers and The Australian Maritime Officers’ Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that each organisation wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers both organisations.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 August 2024.

Despite Clause 3.1 and in accordance with s 186(5)(b) of the Act, the nominal expiry date of the Agreement is 4 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Defence Services Pty Limited, trading as Serco, applied to the Fair Work Commission for the approval of the Nuyina Officers and Engineers Enterprise Agreement 2024. The application concerned the terms and conditions of employment for officers and engineers employed on the Australian Border Force vessel ASV Nuyina. The applicants sought the Commission’s approval of the proposed enterprise agreement, which had been negotiated and agreed upon with the Maritime Officers' Union of Australia. The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained the mandatory terms prescribed by the Fair Work Act, whether the agreement was made in good faith and whether the agreement satisfied the requirements for coverage and authorisation. The Commission considered whether the proposed agreement complied with the procedural requirements, such as the proper process of employee consultation and whether the agreement contained provisions for minimum entitlements. Additionally, the Commission examined whether the agreement appropriately addressed the balance of power between the employer and the employees.

The Fair Work Commission determined that the proposed agreement contained all the mandatory terms required by the Fair Work Act, and that the process of consultation and negotiation was conducted in good faith. The Commission found that the agreement satisfied the requirements for coverage and authorisation. The Commission also concluded that the agreement appropriately addressed the balance of power between the employer and the employees. Consequently, the Commission approved the Nuyina Officers and Engineers Enterprise Agreement 2024.

Serco Defence Services Pty Limited T/A Serco

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established