Serco Global Services Pty Ltd

[2013] FWCA 9799

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Global Services Pty Ltd
(AG2013/10911)

SERCO GLOBAL SERVICES BURNIE EMPLOYMENT AGREEMENT 2013

Contract call centre industry
COMMISSIONER LEE	MELBOURNE, 12 DECEMBER 2013

Application for approval of the Serco Global Services Burnie Employment Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Serco Global Services Burnie Employment Agreement 2013 (the Agreement). The application was made by Serco Global Services Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be 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.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] 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) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2013. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Global Services Pty Ltd applied to the Fair Work Commission for approval of the Serco Global Services Burnie Employment Agreement 2013. The applicants sought approval for the agreement under section 233 of the Fair Work Act 2009, which permits the Commission to approve an enterprise agreement even if it does not meet the requirements of sections 227 and 228 of the Act. The applicants argued that the agreement was in the public interest, as it aimed to ensure continuity of essential services during a period of transition. The dispute centred around the validity and enforceability of the agreement, particularly whether it complied with the requirements of the Fair Work Act.

The legal issues the court needed to address included whether the agreement was in the public interest and whether it was appropriate to approve the agreement despite not meeting certain provisions of the Act. The court had to consider whether the agreement would ensure the continuity of essential services and if there were any significant disadvantages to the employees. The court also needed to examine whether the agreement was procedurally sound and whether the parties had genuinely negotiated the agreement.

In determining the matter, the court considered the provisions of section 233 of the Fair Work Act, which allows for the approval of an enterprise agreement in the public interest. The court noted that the agreement was necessary to ensure the continuity of essential services during a period of transition and found that the applicants had demonstrated that the agreement was in the public interest. The court also found that the agreement was procedurally sound and that the parties had genuinely negotiated the agreement. Consequently, the court approved the Serco Global Services Burnie Employment Agreement 2013 under section 233 of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established