Serco Global Services Pty Ltd

[2013] FWCA 4226

FAIR WORK COMMISSION

DECISION

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

Serco Global Services Pty Ltd
(AG2013/7201)

SERCO GLOBAL SERVICES BENDIGO EMPLOYMENT AGREEMENT 2013

Contract call centre industry
COMMISSIONER CARGILL	SYDNEY, 2 JULY 2013

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

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

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 9 July 2013. The nominal expiry date is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Serco Global Services Pty Ltd applied for the approval of the Serco Global Services Bendigo Employment Agreement 2013. This application arose from the need to formalise the terms of employment for Serco's workforce in Bendigo, addressing various conditions such as wages, hours of work, and other employment-related matters. The primary concern was whether the proposed agreement met the requirements under the Fair Work Act 2009 and if it appropriately balanced the interests of both the employer and the employees.

The legal issues before the court involved determining whether the proposed agreement provided adequate protection of employees' rights and interests, as mandated by the Fair Work Act. This included assessing if the agreement covered essential terms such as minimum wage rates, leave entitlements, and other conditions stipulated by the Act. Furthermore, the court had to ensure that the agreement did not unfairly disadvantage any party and was fair and reasonable in all aspects.

The Fair Work Commission found that the proposed agreement largely adhered to the statutory requirements and was fair and reasonable. The agreement provided for a comprehensive set of terms that covered all necessary conditions, including wages, leave entitlements, and other employment-related provisions. The Commission acknowledged the need for such an agreement to facilitate a stable and productive workplace environment while ensuring employees' rights were protected. The Commission approved the agreement, emphasising that it met the legislative standards and was balanced in its treatment of both parties.

No further orders were made beyond the approval of the agreement as presented. The Commission's decision stands as a precedent for similar employment agreements, highlighting the importance of compliance with legislative requirements and the need for fair and balanced terms in employment agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established