Serco Sodexo Defence Services Pty Limited

[2013] FWCA 2442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Sodexo Defence Services Pty Limited
(AG2013/628)

SERCO SODEXO DEFENCE SERVICES PTY LTD ACT LOGISTICS AGREEMENT 2012.

Storage services
COMMISSIONER RIORDAN	SYDNEY, 22 APRIL 2013

Agreement approved Application for approval of the Serco Sodexo Defence Services Pty Ltd ACT Logistics Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known asthe Serco Sodexo Defence Services Pty Ltd ACT Logistics Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Serco Sodexo Defence Services (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) has 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 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 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Sodexo Defence Services Pty Limited, an entity involved in logistics services for the Australian Defence Force, applied for approval of the Serco Sodexo Defence Services Pty Ltd ACT Logistics Agreement 2012. The Fair Work Commission, under the Fair Work Act 2009, was the court tasked with determining the merits of this application. The application was brought before the Commission to ensure that the agreement met the necessary legal standards and to provide fair working conditions for employees covered by the agreement.

The primary legal issues before the Commission were whether the agreement provided for a fair and reasonable set of terms and conditions for employees and whether the agreement was in compliance with relevant industrial laws. This included assessing whether the agreement met the criteria for being a "better off overall test" agreement, ensuring that employees were not disadvantaged compared to their previous conditions of employment. Additionally, the Commission had to ensure that the agreement did not undermine the rights and protections afforded to employees under the Fair Work Act.

In reaching its decision, the Commission considered the submissions from both Serco Sodexo and the relevant employee representatives. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees, and that it met the better off overall test. The agreement was deemed to be in compliance with the Fair Work Act and did not undermine any employee rights. Consequently, the Commission approved the agreement, finding it to be fair and reasonable for the employees covered by it.

The Fair Work Commission approved the Serco Sodexo Defence Services Pty Ltd ACT Logistics Agreement 2012, confirming its compliance with the Fair Work Act and its fair and reasonable terms for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established