Serco Global Services Pty Ltd

[2014] FWCA 6271

FAIR WORK COMMISSION

DECISION

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

Serco Global Services Pty Ltd
(AG2014/6851)

SERCO GLOBAL SERVICES VARSITY LAKES EMPLOYMENT AGREEMENT 2014

Contract call centre industry
COMMISSIONER RIORDAN	SYDNEY, 10 SEPTEMBER 2014

Application for approval of the Serco Global Services Varsity Lakes Employment Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Serco Global Services Varsity Lakes Employment Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Serco Global Services Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] The National Union of Workers (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission received correspondence dated 2 September 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Managing Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Serco Global Services Pty Ltd applied for approval of a new enterprise agreement, which was the subject of a dispute between the company and its employees. The application was heard in the Fair Work Commission, Australia’s independent national workplace relations tribunal. The application involved the Serco Global Services Varsity Lakes Employment Agreement 2014, and the dispute arose from disagreements over the terms and conditions of employment for the employees under the proposed agreement.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it was a genuine enterprise agreement and whether it complied with the provisions of the Act that protect employees’ rights. The Commission also needed to determine whether the agreement provided fair and reasonable terms and conditions for the employees and whether it met the "better off overall test," which required that the employees be no worse off financially under the new agreement than they would be under their previous conditions of employment.

The Fair Work Commission found that the proposed agreement met the requirements of the Act and was a genuine enterprise agreement. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions for the employees and met the "better off overall test." The Commission approved the agreement, finding that it provided a fair and reasonable outcome for both the employer and the employees. The approval of the agreement marked the end of the dispute and provided a new framework for the employment relationship between Serco Global Services and its employees.

The Fair Work Commission approved the Serco Global Services Varsity Lakes Employment Agreement 2014, bringing an end to the dispute between the company and its employees. The approval of the agreement provided a new framework for the employment relationship between the parties and ensured that the employees were protected under fair and reasonable terms and conditions of employment. The decision of the Commission is a reminder of the importance of reaching genuine enterprise agreements that meet the requirements of the Fair Work Act and provide a fair outcome for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established