Serco Sodexo Defence Services Pty Limited Summary

[2013] FWCA 9400

FAIR WORK COMMISSION

DECISION

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

Serco Sodexo Defence Services Pty Limited
(AG2013/11167)

SERCO SODEXO DEFENCE SERVICES PTY LTD NSW AND ACT FIRE AND RESCUE SERVICES ENTERPRISE AGREEMENT 2013

Fire fighting services
COMMISSIONER BOOTH	BRISBANE, 6 DECEMBER 2013

Application for approval of the Serco Sodexo Defence Services Pty Ltd NSW and ACT Fire and Rescue Services Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Serco Sodexo Defence Services Pty Ltd NSW and ACT Fire and Rescue Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Serco Sodexo Defence Services Pty Limited.

[2] On the basis of the material before me, 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.

[3] In addition, the Employee organisation, United Firefighters’ Union of Australia has sought to correct the following typographical errors in the Agreement:-

● Clause 5.4 third line down in the table delete the asterisk at the end of “4 weeks’ pay”;

● Clause 40.2 first line delete “minuted” and replace with “minutes”;

● Clause 44.12 a. last line delete reference “0 and 0” and replace with “44.10 and 44.11”;

● Clause 46.2 first line delete reference to clause 36 and replace with clause 37; and

● Signatory page delete reference to NSW Branch.

I am satisfied that the Agreement contains the typographical errors and that they should be corrected pursuant to s.586 of the Act as above.

[4] The United Firefighters’ Union of Australia, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 13 December 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Sodexo Defence Services Pty Limited recently faced a court decision regarding the approval of the Serco Sodexo Defence Services Pty Ltd NSW and ACT Fire and Rescue Services Enterprise Agreement 2013. The dispute involved the application for the approval of the enterprise agreement by Serco Sodexo, with the Fair Work Commission acting as the relevant court for this matter. The primary issue at hand was whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained all the required provisions and whether it was fairly negotiated.

The legal issues that the court had to decide centred around the comprehensiveness and fairness of the enterprise agreement. The court examined whether the agreement included all the mandated terms and conditions, such as pay rates, working hours, leave provisions, and other employment-related matters. Additionally, the court assessed whether the agreement was the result of genuine bargaining between the employer and the employees' representatives. The court paid particular attention to whether there was any evidence of coercion or undue influence that might have affected the fairness of the agreement.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the enterprise agreement met the necessary legal standards. The agreement was found to encompass all the required provisions and was deemed to have been negotiated fairly. The court was satisfied that there was no evidence of coercion or undue influence, and thus, the agreement was considered to be in the best interests of the employees. Consequently, the court approved the Serco Sodexo Defence Services Pty Ltd NSW and ACT Fire and Rescue Services Enterprise Agreement 2013. This decision ensures that the agreement will now serve as the basis for the terms and conditions of employment for the relevant workers.

Serco Sodexo Defence Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established